Transfer clause — present at all?
Does the lease allow, restrict, or bar subletting and assignment, and in what words? If there is no transfer clause at all, note the silence — do not assume that means either permission or a ban.
1. Find these six items first
The pack checklist for a sublet / assignment review, in order. You need the lease itself — the answers are in its wording, not in a general rule.
Consent mechanics
Is landlord written consent required? Is there a response window or a reasonableness standard stated, and what does the lease say happens if you proceed without consent — in some leases and forms, an unconsented transfer is described as void or as a default?
Sublet vs. assignment
Which are you actually doing? A sublet keeps you in the landlord relationship; an assignment steps a new tenant into your place. The lease language, not your label for the arrangement, decides which it is.
Continuing liability
After a sublet, the original tenant generally remains liable for rent and for the subtenant's damage or defaults. After an assignment, whether you are released depends on the lease and consent wording — flag it, never assume release.
Consent costs
Does the lease allow a fee for processing or screening a proposed subtenant or assignee, and is that fee capped or described as reasonable expenses only?
One-consent scope
Consent to one transfer is typically not consent to later transfers or amendments. Check whether the consent wording names one person and one transfer only.
Two practical flags from the pack: in the usual sublet structure the subtenant has no direct claim route to the landlord — their counterparty is you, the original tenant — and an unconsented sublet can trigger an eviction process in some leases and locations. Both are stated here as questions to check in your own lease, not as determinations about yours.
2. What these clauses do — and don't — decide
Treat each point below as a “check whether…” question, never as a conclusion about a lease you have not read in full:
Check whether written consent is required first
Check whether the lease requires written consent before any transfer, whether it states a response window or a reasonableness standard, and what consequence it names for proceeding without consent. As an example only: California has its own rental rules that do not apply in other states.
Check whether this is a sublet or an assignment
Check whether the lease language keeps you in the landlord relationship (a sublet) or steps a new tenant into your place (an assignment). The document's words matter more than what the arrangement is called day to day.
Check whether you are released afterwards
Check whether, after an assignment, the lease or the written consent actually releases you — and check whether, after a sublet, you remain liable for rent and for the subtenant's damage or defaults. Never assume release.
Check whether a consent fee is capped, and what one consent covers
Check whether any processing or screening fee is capped or limited to reasonable expenses, and check whether one written consent covers only that one transfer — not later transfers or changes.
3. The exact questions to ask the landlord in writing
Copy these into an email or portal message so the answers are in writing, before anyone moves in or keys change hands. Calm and factual — no threats, no demand-letter language.
- Question 1 — Transfer and consent“Does my lease allow, restrict, or bar subletting and assignment, and is your written consent required before either one?”
- Question 2 — Consent process“What is the consent process, how long do you take to respond, and what information or screening do you require for a proposed subtenant or assignee?”
- Question 3 — Sublet or assignment, and release“Would this arrangement be treated as a sublet or an assignment under my lease, and if it is an assignment, will I be released in writing from rent and damage liability afterwards?”
- Question 4 — Consent costs“Is there a fee for processing or screening the transfer, how much is it, and is it capped or limited to reasonable expenses in the lease?”
- Question 5 — Scope of one consent“Does one written consent cover only this one person and transfer, and would a later transfer or a change to the arrangement need a new consent?”
Before you hand over the keys — 10-minute checklist
- Transfer clause found, or its absence noted — not assumed either way.
- Consent requirement, response window, and any reasonableness wording found.
- The consequence the lease names for an unconsented transfer found and noted.
- Sublet vs. assignment confirmed from the lease language, not the label.
- Continuing liability noted: liable after a sublet; release after an assignment only if the wording actually says so.
- Any consent or screening fee and its cap or reasonable-expenses wording found.
- One-consent scope noted: one person, one transfer, unless the wording says more.
- Questions above sent in writing; no keys, deposit, or promise exchanged until the written consent is in hand.
Concierge lease review
Send us the lease.
Send us the lease, get every clause flagged OK / Caution / Red flag for $9 — in plain English, with the transfer clause, consent mechanics, and continuing-liability wording pulled out and the questions to take back to your landlord before you transfer. No promise that a sublet will be allowed, no savings promise, no drafting of a sublease or assignment agreement, no negotiation with your landlord, and no subtenant finding or screening service.
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LeaseLens is not a law firm and this is not legal advice. Reports are plain-English risk flags from a concierge review, not a legal ruling on your lease.
Start a review →Short answers
Can I sublet my apartment?
Check whether your lease allows, restricts, or bars subletting and assignment, and whether landlord written consent is required first. The lease wording decides — which is why the transfer clause is the first thing to find, before you advertise the unit or promise it to anyone.
What is the difference between a sublet and an assignment?
In a sublet you usually stay in the landlord relationship and remain liable for rent and for the subtenant's damage or defaults. In an assignment a new tenant steps into your place, and whether you are released depends on the lease and consent wording. Never assume release — check whether it is written.
What happens if I sublet without landlord consent?
Check whether your lease says an unconsented transfer is void or a default, and what process it describes. Rules vary sharply by location, so the safe step is the same everywhere: read the clause you were actually given and get consent in writing before proceeding.