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Your rights

Can I sublet my rented property?

Short answer

Only if your lease agreement permits it. Most agreements prohibit subletting without landlord's written consent. Unauthorized subletting can be grounds for eviction.

Understanding the issue

Subletting means renting out part or all of your rented property to a third party. Under the Transfer of Property Act Section 108, a tenant cannot sublet without the landlord's written consent unless the lease agreement expressly allows it. Most standard rental agreements contain a clause prohibiting subletting. If you sublet without permission, it constitutes breach of the lease agreement and gives the landlord grounds for eviction under most State Rent Control Acts. Even in rent-controlled areas, unauthorized subletting is a valid ground for eviction. Always get written permission from your landlord before subletting any portion of the property.

Laws that apply

  • Transfer of Property Act — Section 108
  • State Rent Control Acts — Subletting provisions