Subletting Clause in a Lease: Can You Sublet or Use Airbnb?
What This Clause Does
A subletting clause controls your ability to let someone else use your rental space, either for the full remaining term or temporarily while you travel. Most leases require landlord consent before subletting, and many prohibit it entirely or charge a fee.
Short-term rental platforms (like Airbnb) have made subletting clauses more significant. If you plan to list your unit on a platform, check whether the lease prohibits it. Violations can be grounds for eviction. Some cities also have local laws that override lease restrictions on subletting.
Example Clause Pattern
"Tenant shall not sublet the Premises or any portion thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any permitted sublease shall not relieve Tenant of its obligations hereunder."
What to Watch
- Subletting prohibited entirely with no consent mechanism
- Consent required but no standard for when it can be withheld ('sole discretion')
- Short-term rentals explicitly prohibited, limiting Airbnb and similar platforms
- You remain fully liable under the original lease even if the subletting is approved
How This Clause Works by Jurisdiction
California law allows landlords to condition residential subletting on consent but prohibits unreasonably withholding it. Rent control ordinances in Los Angeles, San Francisco, and other cities may provide additional subletting rights. Short-term rentals via platforms like Airbnb require separate city permits in most California municipalities, independent of the lease.
Reviewed May 2026
New York Real Property Law §226-b gives residential tenants in buildings with four or more units the right to sublet with landlord consent, which cannot be unreasonably withheld. NYC rent-stabilized tenants have additional subletting protections. Unauthorized subletting is grounds for lease termination proceedings.
Reviewed May 2026
UK assured shorthold tenancy agreements typically prohibit subletting without landlord consent, and landlords are not obligated to grant it. Short-term rentals via Airbnb without permission typically breach the lease and may violate the landlord's mortgage terms, creating grounds for possession proceedings or forfeiture.
Reviewed May 2026
Jurisdiction-specific information is general in nature and not legal advice. See disclaimer.
Found in These Contracts
This clause commonly appears in the following contract types:
Negotiation Strategies
Negotiate a 'not unreasonably withheld' standard if subletting is prohibited by default
Clarify whether short-term rentals (30 days or fewer) are treated differently from subletting
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