Subletting in Israel - When It Is Allowed and How to Draft It
Subletting is where the head tenant rents out the apartment, in whole or in part, to a sub-tenant - while remaining a party to the original contract with the landlord. Most Israeli leases prohibit subletting without written landlord consent. The head tenant stays fully liable to the landlord, even though the sub-tenant is the one actually living there.
When consent is required
Almost every standard lease prohibits subletting without the landlord's written consent. Breaching this clause is a breach of contract that can lead to termination and forfeited security.
So before subletting - get written landlord consent, even for just a few weeks.
That said, where the contract conditions a sublet on the landlord's consent, consent is customarily not to be refused on unreasonable grounds. An unreasonable refusal, or unreasonable conditions, may in some cases still allow the sublet - but this depends on the contract wording and the facts, so consult before acting.
Sublet vs. replacement tenant
In a sublet, the head tenant remains a party to the contract and liable to the landlord; the sub-tenant pays the head tenant. This suits short periods or renting a room.
With a replacement tenant, by contrast, the head tenant exits entirely and the new tenant steps in with the landlord. See our article on breaking a lease and the replacement tenant.
How to draft a sublease
The sublease should "mirror" the head lease - use rules, prohibitions, and a term that does not exceed the original contract. You cannot grant the sub-tenant rights the head tenant does not have.
Require the sub-tenant to provide their own security (deposit / cheques), since the head tenant stays exposed to the landlord for any damage or non-payment. Document the apartment's condition at the sub-tenant's move-in and move-out.
Short-term sublet (Airbnb)
Short-term rental to tourists may be prohibited by the contract, conflict with the building bylaws, and raise business-licensing and property-tax issues. Do not assume it is allowed - check the contract, the building bylaws, and the local authority's position in advance.
Frequently asked questions
Can you sublet without the landlord's consent?
In most contracts - no. A standard lease prohibits subletting without written landlord consent, and a breach can lead to termination and forfeited security. Get written consent in advance.
What is the difference between subletting and a replacement tenant?
In a sublet the head tenant stays liable to the landlord and the sub-tenant pays them. With a replacement tenant the head tenant exits entirely and the new tenant steps in with the landlord.
Who is liable if the sub-tenant causes damage?
The head tenant remains fully liable to the landlord, even if the sub-tenant caused the damage. That is why you should require the sub-tenant's own security and document the apartment's condition.