Subletting

When a tenant rents part or all of their unit to someone else for part of the lease term. Most leases require landlord permission first.

Also called sublease · Rental & property management · Updated September 2026

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Part 1 of 4

Why a seller cares

A subtenant in the unit at sale is an extra layer for the buyer: the lease may forbid it, and the subtenant has rights of their own in some states. It is a fact to disclose, not to discover at the walk-through.

Part 2 of 4

A simple example

Your tenant sublet the second bedroom without asking. The buyer learns at the walk-through that there are two households in the unit.

Subletting: a simple example
The situationWhat it means
A permitted sublet, in writingDisclosed; the buyer knows who is there and on what terms
An unpermitted subletA lease violation, and a person with rights the buyer inherits
No subletThe ordinary case

Every person living in the unit is part of what the buyer takes on.

Part 3 of 4

What people get wrong

That a subtenant has no rights because they are not on the lease. In many states they have some, and removing them takes the same process.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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