How To Sublet In Washington D.C.

The Bottom Line: According to Section 42–3505.55 of the Code of the District of Columbia, subletting is perfectly permissible, but you must obtain written approval from your landlord. Moreover, the law isn’t as tenant friendly as in other states, and if your lease says no subletting, that means no subletting.

Follow these steps to sublet legally in D.C.

1. Check your lease. If your lease does not mention or prohibit subletting then you are in the clear and free to do so. But, most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting.

2. Mail a letter. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. The letter should clearly outline the terms of the agreement and include the following information:

   • The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
   • The name of the proposed subtenant or assignee
   • The permanent home address of the proposed subtenant or assignee
   • Your reason for subletting or leaving permanently
   • Your new address during the sublease if applicable
   • The written consent of any co‑tenant
   • A copy of the proposed sublease

   If you don’t feel like drafting your own agreement, we’ve got you covered:

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3. Wait for approval. If your lease says that you are not allowed to sublet under any circumstance then your landlord can ignore or refuse your request with impunity. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant.

   If your lease says that you can sublet with landlord approval then you should expect to receive such approval - just keep in mind that there aren't any laws on the books in DC requiring landlords to get back to you within a certain time frame or to tell you why the rejected a candidate.

   Common grounds for refusal may include:

   • The financial responsibility of the proposed assignee or subtenant.
   • Intended use of the property.
   • The legality of the proposed use.
   • The nature of the occupancy.
   • The compatibility of the tenant’s use with the uses of the other tenants.

4. Collect and store a security deposit. To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow DC laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.

5. Stay responsible. Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken.

   Agree on a process for rent payments before they move in. Put this process in writing in the sublet agreement that you both sign.

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