Subleasing

Subleasing of your rental property is generally allowed, but there are a few steps you’ll need to follow first to make sure everything stays above board. This guide will give you the full rundown of subleasing — what you can and cannot do, and what to keep an eye on.

Do I have permission to sublease my home?

You have the right to request to sublease your home, but you must obtain landlords permission in writting before doing so.

• If this was negotiated before you entered into your lease agreement, it will be listed under the Special Conditions section of your lease.
• If this is a request after your lease has already started, you will need to obtain separate written permission.

Without this approval, you could be in breach of your Residential Tenancy Agreement. However, the law also states that a landlord cannot unreasonably refuse your request to sublease.

We encourage you to contact us to let us know your intentions and plans so we can set up the correct procedures — and give you advice on how to find a suitable occupant or roommate.

Once you have your landlord’s permission, you’ll need to follow the correct process to add a roommate / sub-tenant / occupant to your home. Check out our guide here.

Things to be aware of

While subleasing can be a great arrangement, it’s important to understand the risks:

• Liability for rent and damages – If the sub-tenant fails to pay rent or causes damage, the head tenant (you) are still responsible.
• Unauthorised subleasing – Renting without landlord approval can lead to eviction or legal consequences.
• Strata by-law breaches – The sub-tenant must follow all strata by-laws. If they don’t, you may face penalties, including possible termination of your lease. Common breaches include:
  • Poor behaviour in shared or common areas
  • Excessive noise or disturbances
  • Using prohibited items
  • Not meeting minimum stay requirements
  • Overcrowding

By being proactive — with clear communication, proper documentation, and careful screening of your sub-tenant — you can reduce these risks significantly.