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If for some reason, you are no longer able to remain in the dwelling you have rented, you will want to find someone to sublet this facility from you. Otherwise, you are still legally required to pay for the duration of your lease. Therefore, it is important that your lease have a clause allowing you to sublet.
If you are considering taking a sublease on an apartment, make sure that the person with whom you are dealing has the authority to sublet or assign the apartment. If the original tenant improperly sublets her apartment, the subtenant may be forced to vacate the apartment. Also, if you do take a sublease on an apartment, it would be best to arrange with the original tenant and landlord to pay rent directly to the landlord. Otherwise, if you pay the original tenant who fails to pay the landlord, you may be forced to vacate.
A tenant who sublets his/her apartment is still responsible to the landlord for all the rent which is due under the lease for any damage caused by people subletting or their guests.
Sublease Notification
The law requires that a tenant wishing to sublet must send the landlord by certified mail a notice of intent, including the term of the sublease, of the proposed subleasee, the tenant's reason for subletting, the tenant's address for the term of the sublease, the written consent of any co-tenant and a copy of the proposed sublease. The landlord has ten days to request more information and 30 days more from the receipt of the information, or, if no information is requested, 30 days from the receipt of tenant's notice, to consent to the sublet or to give reasons for not consenting. If the landlord fails to respond within that time or unreasonably denies permission, the law allows the tenant to presume that consent has been given. If you have to go to court to vindicate this right and you win, the court can award you attorney's fees and costs.
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