Can I sublet rooms from my rental home without my landlord being involved?

Most leases forbid sublets without the landlord’s consent, and state law in some states forbids unauthorized subtenancies. The reason is two-fold: First, the landlord wants to screen all residents, just as he or she did when renting to you. And second, many landlords will not want to get into subtenancy situations. That’s because a subtenant has no direct legal relationship with the landlord, and the landlord cannot demand the rent from a subtenant. Nor can a landlord evict a subtenant without also evicting the tenant.

When faced with a subtenancy request, most landlords will insist that the new resident become a full-fledged tenant, or cotenant. It’s a simpler arrangement.

Resident tenants, on the other hand, often would like the ability to screen their own roommates. More importantly, they want the right to terminate and evict, which they do not have when their housemates are on an equal footing with them, as tenants.

Do not try to set up a shadow subtenancy. Doing so will risk termination and eviction. Approach your landlord with your candidates, and make sure they are financially sound and can pass the landlord’s screening criteria. You may not be successful in getting the right to sublet to them, but you may at least get cotenants whom you like and can live with.