apartment therapy changing the world, one room at a time

The obvious consequence is that you could be evicted if the landlord didn't give consent and was unhappy upon the discovery of the subletter. That said, I did this once, but the landlord did not live onsite, and was not very involved in the maintenance or upkeep of the building, and not very visible. Your best bet is to just ask him/her if it would be OK, and state that your current roommate is willing to be responsible if anything happens with the subletter. Never hurts to ask.

Always let the landlord know - They own the building, so they have the right to know who's living there.

15 years ago, I was the 3rd person who was brought in to take over half of the apartment after one original roommate decided to move to Amsterdam before the first year was up: I came in on the lease under the rent-control and have been there ever since - it's been 7 years after the other original roommate moved out.

I sublet my apt for a period, and I did get consent from the owners, even though they live a couple hours away. Check your lease-- the secret sublet may be against its terms.
I found a sublet agreement template online (from a legal website) and we (me and the subletter) signed a lease. This protects both you and your friend.

Better check your lease - unless it explicitly states that you can sublet without permission (which I seriously doubt it would) you are much better off asking. Chances are it won't be a big deal. If you don't check, it could very much be a big deal, and any conflicts that come up will leave all the renters in a really tough spot.

If your name is on the lease, no matter what your roommate says, you are just as liable for any problems that arise as she is (and just as subject to eviction if the lease is breeched by her actions). As mentioned above, especially if your lease explicitly states that assignment or subletting is only allowed with the landlord's consent, you could set yourself up for a world of hurt if you do not notify your landlord before the new tenant moves into the unit. As someone who's been on both sides of this issue (as a tenant and now, as someone who rents out half of the duplex where we live/own) as well as a former legal aid/tenants' rights lawyer, I urge you to tell your outgoing roommate to notify the landlord, preferably in writing, asap. If she refuses to do so, tell her you will. Also, your landlord has the right to reject her choice of replacement if, for example, that person's credit is terrible or she has an eviction on her record. Can't tell from your query where you are, but if you are in/near a major city, please consider calling legal aid or a tenants' rights advocacy group and asking them to explain your best course of action given the laws where you live.

Oy. "Breached" not "breeched"--If I'm going to police other folks' grammar, I'd better pay attention to typos myself. Mea culpa.

Your current roommate may SAY she will be responsible, but you're really the one on the hook. How will you collect from her if there's a problem? You have no legal recourse. It's your word against hers.

Put the other tenant on the lease, for your own protection.

Soomie never mentioned WHY they were considering not telling their landlord. Unless their is some sort of element to the story that she did not mention, I don't see any reason NOT to tell the landlord.

I think your advice, Gregory, was beautifully said.

Always ask the landlord. As long as someone is paying the rent still, they probably won't have much of an issue with it.

Yes, I agree with the advice given. Stick with your agreement. It is legally binding and if anything goes wrong, you would be responsible. It's not worth it to have someone else's mistakes (even you know them well) to be a dividing force in your relationship. Act like adults and stick to your lease.

I always consider worst case scenario (in this case YOU being evicted) and work backwards. If you aren't willing to risk eviction, don't lie.

yeah, thAt! what's the concern?.. wait, i get it. it must be a *really* sweet place, uh?? eh..? and it would be reeealy convenient if the replacement were this 3rd person, right? yup, i knew it. you're both worried the landlord may find some little reason not to approve #3. don't worry, just be 'above board' (for all the reasons already stated in other posts).

having gone through this in exactly your shoes a loooong time ago, and recently had this conversation w/friends who are currently landlords. legalities aside for a moment, from your landlord's perspective, provided your tenancy thus far has been event-free and breech-free, chances are, he/she/they actually will *want* very much, just like you, to find every reason tO approve #3. a win-win for everyone. and will work w/in reason to achieve that end. in my experience, the landlord did not require additional deposit.. for the simple fact that they already had the original deposit in-hand. make sense?

that said, if roomie really does want to take responsibility for their need to 'git , he/she will agree w/all posts above.

look forward to hearing how this unfolds.. i'll check back.

(oops, sorry, "i WENT through this...". shame on me.)

Get the subleaser on the lease! Even if your landlord charges a fee. I say this as someone who was burned really, really badly by someone who was supposed to be my best friend. She was the one subleasing her apartment and did not hold up her end at all. And then on top of that, the subleaser didn't pay for months and we almost got evicted, but I had no legal recourse against her because she wasn't on the lease (even though the landlords knew she was living there). So get the subleaser on the lease no matter how much you trust your roommate or the subleaser.

Thanks for all your help everyone!

The reason why my roommate doesn't want to tell the manager is because she thinks he may not let her off the lease and then she would be stuck and she really needs to move out. I guess I didn't think it would be a big deal to not put them on the lease because in college I knew a lot of people who did that. I knew there would probably be some type of consequence but I didn't know I could be evicted because of that! I really want to stay and be on good terms with my manager so I will definitely check my lease to see if it says anything about subletting and talk to my roommate about it. Thanks again!

You'd be cross if your landlord broke their end of the deal so why put someone else in that position?

Here you go:

1. ALWAYS let your landlord know.

2. EXPLAIN that you'll have trouble making ends meet if you can't move in a new roommate.

3. BE PREPARED to have a credit report run on the new one, put down an additional deposit, and vouch for the person.

4. NEVER EVER try to fly under the radar. The last thing you need is to break the terms of your agreement with your landlord. It could keep you from getting a better apartment in the future.

5. RE-EVALUATE all the new belongings in the apartment and add them to your renter's insurance policy. (Silly for just a few months, but it only takes one spark to burn the place down.)

Also: Make your OLD roomie help you do a deep clean before she goes. YOU will be on the hook for ANY repairs or cleanups that are needed when YOU move out and she's not there. I got stuck with a $1000 bill because the roomie's cat decided to pee on her carpet.

bfootnovellista, thanks for all the tips! I didn't even think about adding them to our renter's insurance policy.

I technically live "under the radar" in the house I've been in for the last two years. My roommate is the only one of the lease because I made a terrible mistake years ago and have very poor credit. I'm pretty sure the rental company knows I live there, but since we always pay the rent they never bother us!

That said, you are better off telling the manager and getting this girl on the lease. Even if the new roommate is a friend, you could end up getting royally screwed otherwise.