How to Sublease
Decide if a sublease is the right choice., Examine your own lease., Research the law., Notify your landlord., Look for a tenant., Screen the applicants and choose a tenant., Complete the sublease.
Step-by-Step Guide
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Step 1: Decide if a sublease is the right choice.
You remain the leaseholder.
By subleasing, you are trusting a tenant to pay the rent, maintain the utilities, and take care of the apartment.
You must be prepared to evict your subtenant if he fails any of these responsibilities.
This may include taking him to small claims court.
You are stepping into the shoes of the landlord.The most common reason for eviction is failure to pay the rent.
This breach could affect your master lease or even your credit if the landlord reports it to the credit reporting agencies.If you want to keep your own lease, you may have to pay the rent if your tenant defaults on the agreement.
You need to decide what personal property you are leaving behind for your tenant's use.
You should consider secure storage for items that are fragile, valuable, and private.
Do not assume that your tenant won't look through every corner of the apartment. -
Step 2: Examine your own lease.
The lease is a contract between you and the owner of the property.
When you signed it, you and your landlord agreed to a fixed rent for a fixed amount of time.Your lease will also have other conditions such as number of people in the apartment, pets, maintenance, and whether or not you can sublet the space.
These provisions will carry over to the sublease.
If there is a sublease provision in your lease, be prepared to follow it to the letter as far as notice, paperwork, and restrictions on subtenants. , If you don't have a sublease provision in your contract, you may still be able to sublet the property.
Landlord-tenant law is different in every state and you will need to comply.
If you are happy with your apartment, you don't want to do anything that could give the landlord a reason to cancel your lease.
Check with your local legal aid office for advice.
Every county in the United States has a legal aid office.Most of the offices have a telephone hotline to assist with basic legal questions.
The LawHelp interactive website can also direct you to resources in your state.For example, Texas has a fully developed page with links to housing laws and landlord-tenant issues, including a tenants' rights handbook.Contact the local office of your state housing authority.You should be able to get a copy of the state's landlord-tenant law or a tenants' rights handbook.
Consult with a private attorney.
Most lawyers that practice civil law will do a short consultation for $25 to $75.
Take a copy of your lease and ask questions about the laws on subleasing in your area.
Generally, any housing that is government-owned or rent-subsidized cannot be subleased under any circumstances.
If you live in a city with rent control, you should consult the rent stabilization ordinances for your rights to sublet., If you are allowed to sublease, you will need to let your landlord know your plans.
Even if your lease is silent about subleasing, talk with your landlord.
Lay out your reasons for subletting your apartment and see if you can come to an agreement.
If you have been a valuable tenant, your landlord may be amenable to a short-term sublease.
Experts recommend that you notify him in writing by certified mail.Additionally, follow any requirements listed in your lease. , When you are subletting, you must look at the same criteria as your landlord looked at when he rented to you.
You want someone who will be able to pay the rent, be responsible for the apartment, and take care of any furniture or personal property you are leaving in the space.
Word of mouth can often get you a solid tenant.
As soon as you know you want to sublet, let your friends and co-workers know.
If you are in a college area, the campus housing office may have a bulletin board or service to match short-term rentals with prospective tenants.
Only advertise in reputable publications.
The local newspaper that publishes legal notices may be a better choice than a free newspaper., Unless you know and trust your prospective tenant completely, use a rental application.
You can find them online or purchase at office supply stores.If the applicant is a student or not employed, ask how they intend to pay the rent.
If someone is living on grant funds or savings, consider giving them a discount if them pay several months or the entire term up front.
You can verify employment with a phone call.
The employer can only answer that the person works there.
He can't give out any information about the applicant's character.
Subleases are subject to the Fair Housing Act.
You cannot discriminate on the basis of race, religion, sex, handicap, familial status, or national origin.Some states have also extended civil rights protection to sexual orientation and transgender individuals. , This is no place for a handshake deal.
You are ultimately responsible for the payment of the rent and any damage to the apartment.
You need to have a signed sublease detailing the rights and responsibilities of your tenant.
You can use download a sublease agreement for your state or purchase one from an office supply store.
You should both sign in blue ink to indicate it is an original document.
Copies of the executed lease should go to the tenant, your landlord, and you.
If there are sections of the lease document that do not apply, cross them out and both of you should initial the change.
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. -
Step 3: Research the law.
-
Step 4: Notify your landlord.
-
Step 5: Look for a tenant.
-
Step 6: Screen the applicants and choose a tenant.
-
Step 7: Complete the sublease.
Detailed Guide
You remain the leaseholder.
By subleasing, you are trusting a tenant to pay the rent, maintain the utilities, and take care of the apartment.
You must be prepared to evict your subtenant if he fails any of these responsibilities.
This may include taking him to small claims court.
You are stepping into the shoes of the landlord.The most common reason for eviction is failure to pay the rent.
This breach could affect your master lease or even your credit if the landlord reports it to the credit reporting agencies.If you want to keep your own lease, you may have to pay the rent if your tenant defaults on the agreement.
You need to decide what personal property you are leaving behind for your tenant's use.
You should consider secure storage for items that are fragile, valuable, and private.
Do not assume that your tenant won't look through every corner of the apartment.
The lease is a contract between you and the owner of the property.
When you signed it, you and your landlord agreed to a fixed rent for a fixed amount of time.Your lease will also have other conditions such as number of people in the apartment, pets, maintenance, and whether or not you can sublet the space.
These provisions will carry over to the sublease.
If there is a sublease provision in your lease, be prepared to follow it to the letter as far as notice, paperwork, and restrictions on subtenants. , If you don't have a sublease provision in your contract, you may still be able to sublet the property.
Landlord-tenant law is different in every state and you will need to comply.
If you are happy with your apartment, you don't want to do anything that could give the landlord a reason to cancel your lease.
Check with your local legal aid office for advice.
Every county in the United States has a legal aid office.Most of the offices have a telephone hotline to assist with basic legal questions.
The LawHelp interactive website can also direct you to resources in your state.For example, Texas has a fully developed page with links to housing laws and landlord-tenant issues, including a tenants' rights handbook.Contact the local office of your state housing authority.You should be able to get a copy of the state's landlord-tenant law or a tenants' rights handbook.
Consult with a private attorney.
Most lawyers that practice civil law will do a short consultation for $25 to $75.
Take a copy of your lease and ask questions about the laws on subleasing in your area.
Generally, any housing that is government-owned or rent-subsidized cannot be subleased under any circumstances.
If you live in a city with rent control, you should consult the rent stabilization ordinances for your rights to sublet., If you are allowed to sublease, you will need to let your landlord know your plans.
Even if your lease is silent about subleasing, talk with your landlord.
Lay out your reasons for subletting your apartment and see if you can come to an agreement.
If you have been a valuable tenant, your landlord may be amenable to a short-term sublease.
Experts recommend that you notify him in writing by certified mail.Additionally, follow any requirements listed in your lease. , When you are subletting, you must look at the same criteria as your landlord looked at when he rented to you.
You want someone who will be able to pay the rent, be responsible for the apartment, and take care of any furniture or personal property you are leaving in the space.
Word of mouth can often get you a solid tenant.
As soon as you know you want to sublet, let your friends and co-workers know.
If you are in a college area, the campus housing office may have a bulletin board or service to match short-term rentals with prospective tenants.
Only advertise in reputable publications.
The local newspaper that publishes legal notices may be a better choice than a free newspaper., Unless you know and trust your prospective tenant completely, use a rental application.
You can find them online or purchase at office supply stores.If the applicant is a student or not employed, ask how they intend to pay the rent.
If someone is living on grant funds or savings, consider giving them a discount if them pay several months or the entire term up front.
You can verify employment with a phone call.
The employer can only answer that the person works there.
He can't give out any information about the applicant's character.
Subleases are subject to the Fair Housing Act.
You cannot discriminate on the basis of race, religion, sex, handicap, familial status, or national origin.Some states have also extended civil rights protection to sexual orientation and transgender individuals. , This is no place for a handshake deal.
You are ultimately responsible for the payment of the rent and any damage to the apartment.
You need to have a signed sublease detailing the rights and responsibilities of your tenant.
You can use download a sublease agreement for your state or purchase one from an office supply store.
You should both sign in blue ink to indicate it is an original document.
Copies of the executed lease should go to the tenant, your landlord, and you.
If there are sections of the lease document that do not apply, cross them out and both of you should initial the change.
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.
About the Author
Denise Stokes
Creates helpful guides on DIY projects to inspire and educate readers.
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