Q: We are going away for the holidays. Can we sublet our apartment?

A: Many leases specify whether subletting is permitted or not and with what limitations.

In the absence of an explicit clause or common practice to the contrary, the tenant can sublet, since he “owns” the usage for the duration of the rental. However, he may sublet only to the number of people allowed by the initial lease, not to a larger family or group of people, since extra people cause additional wear and tear. The third party must also be a decent, reliable person (C.M. 316:1; Aruch Hashulchan 316:2; see Kesef Kodashim 316:1).

When the tenant sublet at a higher price than the original rental, if he was allowed to sublet, the profit is his; if he was not allowed, the profit goes to the landlord (Rema 363:10).

One may not sublet movable items to a third party without permission of the owner, since they are easily stolen, and the owner might not trust the third party (C.M. 342:1).