Subletting in Boston
Subletting in Boston is legal if permitted in your lease. There are no state or city-enforced regulations, so read your lease carefully.
Written by David Ghanizadeh-Khoob
Reviewed by Melanie Reiff
Subletting, or subleasing, is when a tenant of a rental property rents out their unit to another person—the subtenant. There are few regulations around subletting in Boston. For the most part, it comes down to what is written in your lease.
Maybe you got a temporary job across the country, are heading off on a big adventure, or want to visit family back home for an extended period. In any case, subletting can be a great option to cover your rent while you’re gone.
Subletting can seem like a daunting process, but
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Whether you can sublet your apartment in Boston depends on what is written in your specific lease agreement.
Most leases will allow subletting, but make sure to carefully review the specifics of your agreement before you find a subtenant. If your lease doesn’t mention or explicitly prohibit subletting, then you should be good to go.
However, it is fairly common to find a clause prohibiting subletting, in which case you cannot sublease your apartment. Even in this situation, you’re not completely stuck. If you can’t sublet, you can usually still assign your lease to a new tenant! This procedure is a bit different and follows a different set of regulations.
Can my landlord reject my subtenant?
Yes. Even if your lease allows subletting, your landlord can reject your request.
Your landlord cannot refuse your request unreasonably, however. The only legitimate reasons that your landlord can refuse your request are:
- They have reason to doubt that the subtenant can meet the financial obligation of the sublease
- The proper use of the property is in question
- Other tenants object
If you think your landlord’s refusal is unreasonable, you can still work to remedy their concerns, find a new subtenant, or take legal action.
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How to sublet an apartment in Boston
Inform your landlord of your intention to sublet
The first step in subletting your apartment is to send a written request to your landlord. Even if your lease allows subletting, you should let your landlord know of your intention and ask if there are any specific terms that your landlord wants you to include in your sublease agreement.
Find a subtenant
If you have a friend or someone you trust already lined up, then you are good to go ahead with the next step. If you don’t, then you will need to find a subtenant that you trust to pay the agreed-upon rent and respect your property.
There are plenty of online resources to help you find subtenants. Boston is a popular city, so there will be no shortage of great people to take care of your home while you are away.
Try posting an ad on these websites:
When looking for a subtenant, it’s always a good idea to conduct a background check to verify the person can be trusted to respect your home and pay rent. Ask for documentation like pay stubs to confirm their income level.
Draft a sublease and get it approved by your landlord
There are no legal requirements for what needs to be included in a request or sublease agreement.
Your sublease agreement is a legally binding contract, though, and should be written as such. Include specific information about the terms of your sublease, the dates you will be leaving, your reason for leaving, and reference the subletting clause in your original lease.
Once you have your sublease, send a formal written request to your landlord with the sublease signed by you and the subtenant. The request should be sent by certified mail or email with a request to return so you can track the dates.
Your landlord will need to respond within 30 days of receiving the request. If they fail to respond in time, then you can assume the sublease is approved.
When deciding on a price for rent, remember to include utilities. A good way to do this is to take the average of the last three months’ utility bills and add that to the requested rent. It is also advisable to get a security deposit in case your property is damaged while you are gone.
Continue paying rent
Your sublet is now approved and signed by all parties, and you’re ready to head off on your next adventure. It is important to remember that even though your subtenant has agreed to pay you part or all of the rent, rent is still your responsibility.
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