By Beth Dillman. Interested in subletting your apartment for a few months? Perhaps when you're on a summer abroad program, or looking to sublet your rental house while on a temporary job assignment out of the area? Before you spread the word or post an ad on Craigslist for a subletter also known as a subtenant , check to see whether your lease or rental agreement prohibits sublets called subleases.
If so, be sure to get your landlord's permission before allowing someone else to move into your rental on a temporary basis. Finally, get all sublet-related agreements with your landlord and new subtenant in writing. If your lease or rental agreement is like most, it will include a clause prohibiting sublets without the landlord's consent.
Landlords typically include this clause in order to maintain control over who lives in the rental property. This is because a person who sublets has no legal relationship with the landlord, unlike a tenant who has signed a lease. In most cases, you'll need your landlord's permission to sublet. Even if your landlord lives out of the area and never stops by your place, or you're sure your landlord wouldn't care, it's a good idea to ask for permission in writing to sublet.
See Nolo's sample tenant request to sublet for a model in preparing your own letter to your landlord. Your letter should make the case that the person subletting is a good stand-in for you, in terms of credit history, references, and other landlord screening criteria.
The good news is that in a few states, including California and Florida, landlords may not unreasonably withhold their consent to sublet, without a good reason for doing so. Both the tenant and landlord are still able to evict a subtenant under certain conditions.
This article on eviction covers the eviction process. It also covers the rules and procedures that a landlord must follow. These articles give some information on evictions:. In the first situation, your landlord and the new renter have signed a lease with each other. In this case, you likely do not have any rights to the property.
In the second situation, you and the subtenant signed a sublease together. In this case, you will most likely be unable to break the sublease. Doing so would be a breach of contract which could cause you to become liable to subtenant. The sublease can be a valid contract even if the landlord did not give their permission. If your subtenant is trying to break the sublease, you may be entitled to damages.
You should note that your landlord is still owed rent no matter what happens. This means that if your subtenant stops paying rent, you still owe the landlord rent. This is why it is often a good idea to get the subtenant and the landlord to sign an agreement together that releases you from your lease. You need to talk with the person you subleased from.
If there is no agreement between you and the original landlord, they can refuse to work with you. The person you subleased from will have to act as a middleman. The person you subleased from will have to relay any requests you make to the original landlord.
The first thing you should do is talk with the tenant you subleased from. Talking may solve the problem without any further issues. If neither the tenant nor the landlord will work with you, it may be time to file a lawsuit. This guide contains an overview of a tenant rights and landlord duties.
L andlord Tenant Rights Guide - Information on landlord and tenant rights. Texas Property Code General information on the eviction process. Information about CDC's temporary halt on some evictions. Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Protection from Violence or Abuse. This means that your subletter will be obligated to follow all of the same rules. In addition to monthly rent costs, your lease terms most likely include conditions about pets, vehicles, maintenance, and noise ordinances.
If your subletter fails to follow the terms of your lease, the consequences fall back on you. Some landlords strictly forbid subleasing, or simply require you to ask for permission beforehand. Others only allow subleasing under specific conditions. Make sure you receive permission in writing before taking further action. A verbal agreement may not protect you if issues develop in the future regarding your decision to sublease. A sublease agreement is signed by the original tenant leasing the premises and the new subletter.
You and your subletter must agree upon the following important information:. Including all relevant information in your sublease agreement protects your rights, and clearly outlines the expectations of your subletter should a future dispute arise. Use the following steps to navigate the subleasing process. You can browse subletting options on Craigslist or social media platforms, flyers posted in your community, or subletting websites such as Sublet. You can only sublease the property rights that you have.
For example, if your lease forbids pets, you cannot allow your tenant to have pets. Other considerations include parking, laundry facilities, recreational areas, noise, and exterior maintenance.
The sublease cannot extend past the terms of your own lease. If your have six months left on your contract, you cannot rent out the apartment for nine months. If you need a tenant for longer than that for example, you will be out of the state on a job assignment , you either need to re-negotiate with your landlord before the sublease, or execute a new sublet agreement when your renew your own contract.
Include a clause that prevents your tenant from subleasing under any circumstances. Include a clause that prevents your tenant from unilaterally changing the locks. If there is a security reason for new locks, either you change them or your landlord changes them. Method 2.
Inspect the property. If you are looking for a short-term rental in a tight housing market, it may be tempting to jump on an advertised sublease without knowing all the details. A sublease is a legal contract. You need to meet your prospective landlord and inspect the property. Note and photograph any problems such as water damage, carpet stains, and damage to wall coverings. You don't want to be accused of damage you didn't cause.
Ask to see the master lease. As the subtenant, you are bound by all the restrictions of the original lease. Don't trust that you will have guaranteed parking or can bring your cat until you see it in writing.
Make sure the leaseholder has contacted the landlord and has permission to sublet the property. The last thing you need is to move in and get a notice that the master lease has been terminated because of an unauthorized sublet. Negotiate the price and terms. A sublease can be priced however you and the leaseholder want.
Expect to pay more for a nicely furnished apartment. However, that doesn't mean that you can't ask for discounts, especially if you can pay some or all of the lease term upfront.
If the space is not vacant, inventory the leaseholder's personal property and attach it to the lease. If you do not do this, you could be accused of theft at the end of the sublease. Discuss utilities and access to any services available at the property. For example, if the house has Internet or cable, will the services be disconnected or can you use them for a fee? Discuss how to handle mail or packages that may arrive at the house. The leaseholder should pay postage for anything that is forwarded.
Ask for a termination clause. Discuss what will happen if the leaseholder wants to return earlier or if you need to move. Generally, either side should be able to terminate the agreement with days written notice. Receive the keys and move in.
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