Yes, you can usually rent out a room in the apartment you’re leasing, but almost never on your own say-so. Renting a room in your apartment depends on what your lease permits, whether your landlord gives written approval, and whether the arrangement fits local occupancy codes and federal fair housing law. Get any of those wrong and you can lose the apartment.
Read Your Lease First
Open your lease and look for sections labeled “Subletting,” “Assignment,” “Occupants,” or “Guests.” Those clauses control whether another person can move in and on what terms.
Two patterns are common. Some leases flatly prohibit additional occupants, which means you’d have to renegotiate before doing anything else. More often, the lease requires the landlord’s prior written consent. If your lease is silent on the question, you have more room to maneuver, but you should still get written approval so a dispute doesn’t surface later.
It also helps to know the difference between a subtenant and a roommate added to the lease. A subtenant has a separate agreement with you: you collect their rent and you alone answer to the landlord. A roommate added to the lease signs directly with the landlord and shares full lease responsibility. Most landlords prefer the second setup because it gives them a direct legal relationship with everyone in the unit.
You Still Owe the Full Rent
This is the point tenants most often miss. Whether your roommate pays you on time or not, you remain fully responsible to the landlord for the entire rent and for any damage to the unit. If a roommate skips out or destroys a wall, the landlord comes after you. The same is true if you formally sublet: the subtenant’s failure to pay doesn’t reduce what you owe by a dollar.
That ongoing liability is the reason to screen carefully, document everything, and treat the arrangement as a real contract even when a friend is moving in.
Getting Landlord Approval
If your lease requires permission, put the request in writing. An email works; a formal letter creates a cleaner record. Include the prospective roommate’s full name, employment information, and an offer to provide screening documents such as a credit report or references from previous landlords. Landlords want assurance the new person can pay and won’t cause problems, and heading off those questions makes approval more likely.
Once the landlord agrees, get that agreement in writing. The standard approach is a lease addendum signed by everyone, or a new lease that includes the roommate. Verbal approval is worth nothing if the landlord later denies it was ever given.
Can a Landlord Refuse for Any Reason?
Not everywhere. Several states have laws requiring landlords not to unreasonably withhold consent to a sublet or an added roommate. What counts as “unreasonable” varies, but a landlord who rejects a financially qualified applicant with a clean background may be on shaky ground in those states. If your landlord denies your request without explanation, check your state’s tenant protection statutes or ask a local tenant rights organization.
Expect a Possible Rent Increase
Adding an occupant can be an opening for the landlord to renegotiate rent, especially on a month-to-month agreement. During a fixed-term lease, the landlord generally cannot raise rent until the term ends. But if the approval requires signing a new lease, a higher figure may be part of the deal. Know your local rent increase rules before you start the conversation.
Occupancy Limits Apply Either Way
Even with the landlord’s blessing, local occupancy codes set hard caps on how many people can live in a unit. These rules exist independently of your lease and override any private arrangement. Violations can bring fines or orders to reduce occupancy, and your landlord can treat the violation as grounds to terminate the lease.
The federal baseline comes from the Department of Housing and Urban Development. HUD’s longstanding guidance, known as the Keating Memo, treats a policy of two persons per bedroom as generally reasonable under the Fair Housing Act.1U.S. Department of Housing and Urban Development. Keating Memo – Occupancy Standards That’s a starting point, not a ceiling. HUD evaluates reasonableness case by case, looking at bedroom size, unit configuration, the age of children, and the capacity of building systems.
Many municipalities adopt the International Property Maintenance Code, which sets minimum bedroom sizes: at least 70 square feet for one person, and at least 50 square feet per person when the room is shared. Your city or county housing authority can point you to the exact standard for your unit. Check before you commit to a specific person.
Fair Housing Rules When You Choose a Roommate
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability.2Office of the Law Revision Counsel. 42 US Code 3604 – Discrimination in the Sale or Rental of Housing That includes advertising preferences for or against any of those categories. A listing that says “no kids” or specifies a particular religion violates federal law.
There is a limited exception for rooms or units in owner-occupied dwellings with no more than four families living independently.3Office of the Law Revision Counsel. 42 US Code 3603 – Effective Dates of Certain Prohibitions Someone renting a room in a home they own and live in may have more latitude in choosing a tenant. Even under the exemption, discriminatory advertising is still prohibited. And as a renter subletting a room in an apartment you don’t own, the exemption likely doesn’t apply to you at all. Some states impose stricter anti-discrimination rules than federal law, so check your local protections before listing the room.
Update Your Renter’s Insurance
A standard renter’s insurance policy covers you and your belongings. It typically does not cover a roommate’s possessions or their liability. If a roommate’s belongings are stolen or they accidentally cause a fire, your policy will likely pay for your losses but not theirs.
The practical fix is for the roommate to buy their own renter’s insurance. Two policies in one unit is common and ensures both people carry personal property and liability coverage. Notify your own insurer when a roommate moves in either way, because failing to disclose a change in household occupancy can create problems if you file a claim later.
Report the Rent as Income
Money your roommate pays you for the use of a room is rental income, and the IRS expects you to report it. That applies whether payment comes as cash, a check, or a Venmo transfer.4Internal Revenue Service. Topic No. 414, Rental Income and Expenses You report the income on Schedule E of your tax return.5Internal Revenue Service. Instructions for Schedule E (Form 1040)
You can deduct a proportional share of your expenses against that income. If the rented room is 10% of your apartment’s total square footage, you can deduct 10% of expenses like utilities and, where applicable, renter’s insurance tied to the rental portion. You can split expenses by room count or by square footage, whichever is more reasonable for your situation.6Internal Revenue Service. Publication 527, Residential Rental Property
One exception matters: if you rent the room for fewer than 15 days in the year, you don’t report the income at all, and you can’t deduct rental expenses for those days either.5Internal Revenue Service. Instructions for Schedule E (Form 1040) Beyond that short window, keep records of every payment you receive and every expense you plan to deduct.
Put a Roommate Agreement in Writing
A roommate agreement is a private contract between you and your roommate. It doesn’t involve the landlord and doesn’t override the lease. Its job is to spell out who owes what and what happens when the arrangement breaks down. Without one, you’re relying on memory and goodwill, both of which tend to disappear during a dispute.
A solid agreement covers at minimum:
- Rent split: the exact dollar amount each person pays, the due date, and the method of payment.
- Utilities: which accounts are in whose name and how the bills get divided. Whoever’s name is on the account is legally responsible for the full balance, even if the roommate agreed to pay half.
- Security deposit: how much the roommate contributes up front and the conditions for getting it back when they leave.
- House rules: cleaning expectations, quiet hours, and overnight guest policies. These feel minor until they aren’t.
- Termination: how much notice either person must give to end the arrangement and the process for moving out.
State clearly in the agreement that it does not supersede the lease or create any obligation on the landlord’s part. Your landlord is not bound by whatever you and your roommate decide between yourselves.
If a Roommate Won’t Leave
When things fall apart and the roommate refuses to move out, you generally cannot change the locks or put their belongings on the curb. In most jurisdictions, someone who has established residency in your unit has tenant rights even without a formal lease, and removing them requires the same legal eviction process a landlord would use.
The first step is delivering written notice to terminate the arrangement, giving the roommate a specific date to vacate. Notice periods vary by state and sometimes by how long the person has lived with you; 30 days is a common baseline for month-to-month arrangements. If they don’t leave by the stated date, you’ll likely need to file a formal eviction proceeding in court. The process is slow and frustrating, which is why the termination clause in your roommate agreement matters. It doesn’t eliminate the legal requirements, but it establishes that both parties agreed to the terms from the start.
One rule to hold firmly throughout: do not accept any rent payments after you’ve given notice to terminate. Accepting payment can reset the arrangement and force you to start the notice process over.