{"id":369193,"date":"2019-10-14T10:44:07","date_gmt":"2019-10-14T15:44:07","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/landlord-tenant-law\/are-sublet-fees-legal.html"},"modified":"2026-09-16T15:03:00","modified_gmt":"2026-09-16T20:03:00","slug":"are-sublet-fees-legal","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/are-sublet-fees-legal.html","title":{"rendered":"Are Sublet Fees Legal?"},"content":{"rendered":"\n
\n

Are Sublet Fees Legal?<\/h1>\n\n
\n
\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n
\n

Sublet fees are generally legal, but they must be reasonable and clearly allowed under your lease or co\u2011op\u2019s policies. Many states let landlords or co\u2011op boards charge fees to cover administrative costs like background checks or application processing. Also eview your lease\u2019s subletting clause closely, since it often details when fees apply and how they\u2019re calculated.<\/p>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

\n

Yes, sublet fees are legal. In certain circumstances, your landlord or co-op board can charge a sublet fee if\u00a0you decide to sublet<\/a> your co-op or rental unit.\u00a0<\/p>\n

Subletting is a popular option for tenants who need a short-term subtenant (subletter) to stay in their place temporarily. Even if the parties sign a sublease agreement between themselves, the original tenant remains responsible for the original\u00a0lease agreement<\/a>.<\/p>\n

If you\u2019re unsure whether a fee is allowed, review your agreement and consider checking with a local real estate attorney<\/a> for legal advice.<\/p>\n

What Is a Co-Op Apartment?<\/h2>\n

In a co-op, or cooperative apartment building, residents don\u2019t own their units outright. Instead, they own shares in a corporation that owns the entire property. Those shares give the resident a proprietary lease. But the co\u2011op board can approve subtenants and charge fees like sublet surcharges.\u00a0<\/p>\n

What Is a Sublease?<\/h2>\n

People sublet their rental property<\/a> for many reasons. A new tenant agrees to rent from the original tenant in a sublease agreement. The parties should enter into a sublet agreement that includes the following:<\/p>\n