Subletting or adding a roommate to your lease

Sharing the rent can ease your budget a lot. But if the other person is not on the lease, or if you leave and someone takes your place, there are rules worth knowing before they move in. This guide explains the three ways to add someone, when you can subletsubletTo sublet, or sublease, is to rent all or part of the home you rent to another person, for a shorter time than your own lease. It is a new contract between you and that person: you become their landlord, but the owner has no contract with them. You remain responsible to the owner for meeting your lease. The owner can forbid subletting, although some places allow it in certain cases despite that ban. In public housing, the federal rule requires the lease to prohibit subletting.See the full definitionClose, what changes if you have HUD assistance and what to put in an agreement with your roommate. Our guide Sharing a home covers how many people can live in a home.¹

To tell the landlord an occupant's name, in New York

30 days³

To ask for a free copy of the report used to reject your roommate

60 days⁴

Or more in the building: from there you have a right to sublet with consent in New York

4 apartments³

Three ways to add someone

Not everyone who lives with you has the same relationship with the landlord:

1. Co-tenant. Signs the leaseleaseA lease, or rental agreement, is the contract in which the owner or landlord gives you the right to live in and use a property for a set period of time in exchange for payment, usually rent. While the lease lasts you have possession, but the landlord still owns the property. The lease says how much you pay and when, who handles maintenance and how the agreement can end. Your rights as a tenant are usually spelled out in the lease and in your state and local laws. Before complaining to the landlord, it helps to read the lease and make sure you are also following the rules you agreed to.See the full definitionClose with you. Has the same rights and obligations toward the landlord. If you both signed, many leases make each of you responsible for the whole rent, not just your share. Check whether your lease says so.
2. Occupant or roommate who does not sign. Lives with you, but the lease is yours. In New York, if you are the only tenant on the lease, the law lets you share with your immediate family, one additional occupant and that occupant’s dependent children, if you or your spouse live there. If the lease has more than one tenant and one moves out, they can be replaced by another occupant. You must tell the landlord the occupant’s name within 30 days, and if you move out, the occupant has no right to stay without the landlord’s express consent.³
3. Subtenant. Occupies your home while you are away for a while, and pays you. In New York, that is what subletting means: leaving the apartment temporarily.³

There are also guests: people staying temporarily with your permission. In public housing, HUD’s rule gives you the right to reasonable accommodation of your guests.⁵ A guest who stays for months and pays rent is no longer just a guest.

Co-tenant, occupant or subtenant

Signs the lease

Co-tenant

• Has rights toward the landlord
• Many leases make them responsible for the whole rent
• The landlord usually reviews their application

Lives with you

Occupant who does not sign

• The lease is still yours
• In New York you must tell the landlord their name
• If you leave, they cannot stay without permission

Temporary

Subtenant

• Takes your place while you are away
• You almost always need the landlord's permission
• You remain responsible for the lease

Before anyone moves in, decide together which of the three your relationship will be and put it in writing.

Adding someone to the lease

If you want your roommate to be a co-tenant, ask the landlord to add them to the lease. The landlord will usually review their application with a tenant screeningtenant screening reportA tenant screening report is a report many landlords use to decide whether to rent to you and how much to charge for the security deposit. Specialty companies prepare it, and it can include your credit report, your rental history including eviction cases and lawsuits, employment verification, criminal history and a score or recommendation. It is not the same as a credit report. If a landlord denies you, or asks for a larger deposit or higher rent, because of the report, federal law requires the landlord to tell you, name the company and explain your right to a free copy and to dispute errors.See the full definitionClose report.

If the landlord rejects them because of information in that report, federal law gives your roommate rights. The CFPB explains that the landlord must give them an adverse action noticeadverse action noticeAn adverse action notice is the notice you get when a company denies you credit or takes another action against you on your application or account. Under federal law, the lender must give you the main reasons or tell you how to ask for them. If the decision was based on a credit report or another consumer report, the company must also give you the score that was used, the name and contact information of the company that supplied the report, and explain your right to a free copy of that report and to dispute errors. The reporting company did not make the decision and cannot tell you why it was made.See the full definitionClose, in writing, orally or electronically, with the name, address and phone number of the company that made the report. The notice explains their right to a free copy if they ask within 60 days and to dispute anything that is wrong; the company generally has 30 days to investigate. Requiring a co-signer, a larger deposit or higher rent than other applicants also counts as adverse action.⁴ If someone asks you to be their co-signerco-signerA co-signer is a person who signs another person's loan or credit account to back it up, and by doing so becomes responsible for the debt. If the borrower does not pay, the creditor can collect up to the full debt from the co-signer, plus late fees or collection costs, without first trying to collect from the borrower, and the default may become part of the co-signer's credit record. A federal FTC rule calls for the co-signer to get a written notice explaining these risks before signing. On a mortgage, according to Fannie Mae, a co-signer signs the note and shares liability for the debt with the borrower but has no ownership interest in the home on the title.See the full definitionClose, our guide Risks of cosigning a loan or lease explains the risks.

When you add someone, ask what happens to the security depositsecurity depositA security deposit is money you pay the landlord when you start renting as security that you will follow the lease: pay the rent and take care of the home. The money still belongs to you. The landlord holds it and, when you move out, must return it minus the charges the law allows, such as past-due rent or damage beyond normal wear and tear. You should not be charged for damage that was already there when you moved in. The maximum amount and the deadline to return it depend on your state's law and sometimes your city's.See the full definitionClose: does part get added? In whose name is it returned at the end? Ask for the change to be signed.

Subletting while you are away

Subletting almost always requires the landlord’s permission. Read your lease first. Two examples of how the rules vary:

• Texas. During the lease, you may not rent the home to someone else without the landlord’s prior consent.²
• New York. In buildings with four or more apartments you have a right to sublet with the landlord’s advance consent, and a clause banning it is void. In buildings with three or fewer you do not have that right; if the landlord unreasonably refuses, your only remedy is to be let out of the lease after 30 days’ notice. If the landlord refuses on reasonable grounds, you cannot sublet; if the refusal is unreasonable, you may sublet anyway.³

How to ask in New York. The request goes in writing by certified mail, return receipt requested, and includes the length of the sublet, the name and addresses of the incoming person, the reason, your address while away, the written consent of any co-tenant or guarantor, and a copy of the proposed sublease and your lease. The landlord may ask for more information within ten days and must answer in writing within 30 days; if they do not answer, it counts as consent.³ Even if you live in another state, that list helps you put together a complete request.

You remain responsible. In New York, even with the landlord’s permission, you remain responsible for the whole lease, including future rent.³ If the subtenant does not pay or damages the home, the landlord comes to you.

If you have HUD assistance: public housing or a voucher

If you live in public housingpublic housingPublic housing is a program of rental homes for low-income families, older adults and people with disabilities. HUD funds local public housing agencies (PHAs), which manage the homes and charge rents those families can afford. It comes in all sizes and types, from scattered single-family houses to high-rise apartments. The PHA decides whether you qualify based on your annual gross income, whether you are elderly, have a disability or are a family, and your U.S. citizenship or eligible immigration status. To apply, you contact your local PHA. In general, you can stay as long as you comply with the lease.See the full definitionClose or have a housing voucherHousing Choice Voucher (Section 8)The Housing Choice Voucher, the program almost everyone calls Section 8, is the country's largest federal rental assistance. HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing. Local public housing agencies administer it with HUD funds. The family finds its own home on the private market; if the agency approves the unit and the tenancy, it contracts with the owner to pay part of the rent, and the family pays the rest. Waiting lists are usually long and open for limited periods.See the full definitionClose, the rules are stricter, and breaking them can put your assistance at risk.

In public housing, HUD’s rule says the unit is for the household members authorized in the lease, with reasonable accommodation of their guests. The lease obligates you not to assign the lease or sublease, not to take in paying boarders and to use the unit only as a residence for the household named in the lease.⁵

With a housing voucher, the housing authoritypublic housing agency (PHA)A public housing agency (PHA) is a state, county, municipal or other governmental entity or public body authorized to operate public housing or rental assistance programs. These are the agencies that locally administer the Housing Choice Vouchers (Section 8) and public housing with HUD funds: they open and manage the waiting lists, review eligibility and income, inspect units and pay the owner its share of the rent. Each county usually has one or several; your page shows the ones serving your area with their phone numbers.See the full definitionClose must approve who lives in the unit. If a child is born or adopted, or you get custody, report it promptly; to add anyone else, ask for approval. Nobody but the approved family may live there, except an approved foster child or live-in aide. You must report when someone stops living with you. And you may not sublease or let the unit, or assign the lease.⁶ Our guide Section 8 and mixed-status families explains more about the program.

Before someone moves in with you

1. 1. Read your lease

   Before you say yes

   Look for what it says about occupants, guests and subletting.¹

2. 2. If you have HUD assistance, ask first

   Before any change

   With a voucher, adding someone requires the housing authority's approval.⁶

3. 3. Ask for permission in writing

   Before the person moves in

   With the person's details and how long they will stay.³

4. 4. If they are rejected, check the notice

   When you get the answer

   A rejection based on a report comes with rights: a free copy and a dispute.⁴

5. 5. Sign an agreement between you

   Before the move

   Rent, utilities, deposit, guests and notice to leave.³

6. 6. Pay with receipts

   Every month

   Keep proof of every payment between you and to the landlord.¹

The roommate agreement

The lease with the landlord does not say how things are split between you. A written agreement signed by everyone prevents a lot of fights. It does not have to be a complicated legal document; write in plain words:

• Rent: how much each pays, when and how, and who hands it to the landlord.
• Utilities: whose name the electricity, water, gas and internet are in, and how they are split.
• Deposit: how much each put in and how it is split at the end.
• Rooms and shared spaces: who uses what.
• Guests and noise.
• Notice to leave: how much notice whoever leaves gives and what happens to their share of the rent.

If someone stops paying, that agreement and the receipts help you claim their share, for example in small claims court. Check your renters insurancerenters insuranceRenters insurance, also called tenants insurance, protects your belongings and protects you when you rent. The landlord's insurance covers the building, but not your furniture, clothes or electronics. It usually includes three coverages: your personal property, even if it is stolen away from home; additional living expenses if a covered loss forces you to move out for a while; and personal liability if someone is hurt in your home. A standard policy does not cover floods, which are insured separately. Some landlords require it.See the full definitionClose too: our guide Renters insurance explains whether it covers another person’s belongings. The family budget helps you see what your share is.

Example with real numbers

Two roommates sharing an apartment

An example in words, not a real case, of why the written agreement helps.

The lease

Only the tenant signed it; her roommate lives with her as an occupant

What they agree

He pays half of the rent and internet, with a receipt each month

What they report

She tells the landlord her roommate's name in writing

If he leaves

He gives a month's notice and pays his share for that month, as their agreement says

What they gain

She keeps to her lease and has proof if he stops paying

In New York, the tenant must tell the landlord the occupant's name within 30 days.³ Use the family budget to split the costs.

Run it with your numbersFamily budget

If this is you

You want a roommate to pay less rent

Read your lease and ask in writing; in Texas, subletting without prior consent is not allowed.²

A relative is moving in with you

In New York you may share with your immediate family and one additional occupant.³

You have a Section 8 voucher

Ask the housing authority for approval before adding anyone; you cannot sublet.⁶

Your roommate has no credit

If the landlord rejects them because of a report, it must give them a notice with their rights.⁴

You are leaving for a few months

If you sublet, you remain responsible for the rent; ask for permission in writing first.³

Mistakes that cost you

• Mistake: Moving someone in without checking the lease.

  Instead: Read what it says about occupants and subletting, and ask for permission in writing.¹

• Mistake: Subletting in Texas without the landlord's permission.

  Instead: Texas law requires the landlord's prior consent.²

• Mistake: Thinking that once you sublet you are no longer responsible.

  Instead: In New York you remain responsible for the whole lease, including future rent.³

• Mistake: Adding someone to a voucher unit without telling anyone.

  Instead: The housing authority must approve any new person.⁶

• Mistake: Taking in a paying boarder in public housing.

  Instead: The public housing lease prohibits it; a temporary guest is allowed.⁵

• Mistake: Splitting the rent by word of mouth.

  Instead: Sign an agreement between you and pay with receipts.

Free help

If you have a problem with the landlord or a roommate, the LSC funds civil legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose for low-income people; its website finds the nearest organization, and LawHelp.org has free information and forms.⁷ A HUD-approved housing counselor also advises on renting, often for free or at low cost.⁸ The tenant rights by state tool summarizes your state’s rules, and if you want to leave before your lease ends, read Breaking a lease early.

What to do this week

1. Read your lease and mark what it says about occupants, guests and subletting.¹
2. If you have HUD assistance, ask your housing authority before any change.⁶
3. Write your request to the landlord with the person’s details and keep it with the date.³
4. Decide whether your roommate will be a co-tenant, occupant or subtenant.³
5. Write and sign your agreement on rent, utilities and deposit.³