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Can I Sublet for More than Rent?

Unless you live in a rent-stabilized apartment, there are probably no laws stopping you from overcharging a subletter.

If you live in unregulated housing, then you're probably allowed to charge a subtenant or a roommate extra for their monthly rent. Common scenarios for charging more rent are:

  • You left furniture or appliances in the rental that make the rental worth more
  • You are including the cost of internet or electricity in the cost of the rent
  • Market rates have increased since you signed your lease, and there is demand for your room or apartment at a higher price

The major exception is if you live in a rent-stabilized housing. In this case, you almost definitely cannot overcharge your subtenant—unless it's for an approved reason. For example, rent-stabilized tenants in New York City are given express permission to charge 10% over the monthly rent if the unit is furnished.1 In San Francisco, the rules are stricter: you are never allowed to charge more rent than the amount you are paying to the landlord.2

How to Sublet Your Apartment
How to Screen for a Good Subtenant
Legally Binding Sublet Agreement

[1] Fact Sheet #7: Sublets, Assignments and Illusory Tenancies

[2] SF Administrative Code, Section 37.3 - Rent Limitations

The information provided on this website does not, and is not intended to, constitute legal advice.