Subletting is not a free US default when your name is on the lease. The written lease controls first, then state and city statutes. Taking over someone else's sublet without landlord approval can become an eviction risk for everyone involved.
When is subletting allowed?
Read the lease sublet or assignment clause before you post a listing. Many landlords require written consent, a credit check on the subtenant, and a signed sublease that keeps you liable for unpaid rent. Some rent-controlled buildings in New York City or San Francisco add registration or notice steps: Rent control, Renting in New York City, Renting in San Francisco.
Corporate relocations often use assignment language instead of informal Airbnb-style stays. If your employer moves you mid-lease, ask the landlord about assignment or early termination fees under Rental contracts and deposits before you advertise on social media.
What scams and scams-adjacent traps hit subletters?
Newcomers searching "take over my lease" on Facebook or Craigslist face the same fraud patterns as ordinary rentals: Avoid rental scams. Meet the primary tenant, confirm landlord approval in writing, and tour the unit before you pay.
Short platform stays are not the same as a lawful sublet. Cities restrict many nightly rentals; illegal stays can expose you to fines and lease termination: Short-term housing for newcomers.
Know Tenant rights if the primary tenant disappears and the landlord demands double rent.
Common misconceptions
Assuming paying rent to a leaseholder equals legal occupancy fails without landlord consent.
Assuming subletting removes your liability also fails. The master lease usually still binds you.
Summary
Get written landlord approval, sign a clear sublease, and verify the unit in person before you move in or advertise your own place. Treat unauthorized sublets as an eviction trigger, not a casual favor.
Sources
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