How To Sublet Legally In Virginia

The Bottom Line: According to Virginia landlord-tenant law, you are allowed to sublet as long as your lease does not specifically forbid it. You should always obtain written approval from your landlord prior to subletting.

1. Check your lease. 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

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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.

   On the other hand, if your lease says that you can sublet with landlord approval or makes no mention of sublets then your landlord has to respond in ten days or else the sublet is assumed to be approved.

   If your landlord doesn't respond to your sublet request within ten business days then you can consider the request approved according to Virginia law.

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 Virginia 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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