What is Subleasing?
Subleasing is an agreement between a residential tenant and someone else allowing the subtenant to live in the tenants dwelling for a portion of the original lease term, while the tenant is away. It is a common practice for students to sublease their apartment or a room in their rental house, while they go home for the summer. Subleasing allows the tenant to collect a portion of their rent while they are not living in the dwelling.
More about Subleasing
When you sublease, you assign your rights and responsibilities under the lease to another person. The primary responsibility shifts to him/her; if the subtenant fails to pay rent or does damage to the property, you can be held liable to the landlord for the cost of your subtenant's default or damage. A sublease is not a release from the lease.
Most leases state that you cannot sublet without the landlord's written consent. Your landlord should not withhold consent unreasonably. If your landlord rejects a subtenant because that person has a bad credit record, you should keep looking for someone else to sublet you place. Your landlord should not reject a subtenant because that person has children, receives public aid, has a criminal record, or for any reason prohibited by law.
How do I begin
The first step in considering to sublease your apartment or room is to check your lease to see what is says about subleasing. It is likely that your landlord will require written consent before you can sublease. You may want to call and check with you landlord before you begin looking for a sublease tenant. If you have other roommates that share your dwelling, you will want to make sure they agree that it would be ok for you to sublease.
Once you have obtained the necessary approvals, the next step is to find a sublease tenant. You can advertise on Rentals Online by listing a sublease. Many times, roommates have a relative or friend that would like to sublease. It is common that college students sublease for the summer months and return in the fall. Keep in mind that if you are only gone for a short while, typically the rent you will receive will be less than what you have to pay.
When you advertise for a subtenant, it is a good idea to keep a list of names and phone numbers of any interested candidates. This way if you find someone to take your place, and they back out later you have some candidates to choose from. Also there are typically more properties than there are subtenants, especially for the summer season.
Interviewing Potential Tenants
It is a good idea to interview someone before allow them to move into your place. You will want to know things like do they smoke, do they have pets, exactly how long they will be able to stay.
Now that you have found a candidate to sublease your place, you will want to introduce the subtenant to the landlord and other roommates. Let the landlord know the terms of the sublease agreement.
The most important part of subleasing your apartment or room is to have a signed agreement between you and the subtenant. This helps to avoid any confusion on the terms of your agreement, plus it is your proof of the subtenants responsibilities.
Rentals Online does not provide legal services of any kind. All information provided in this publication is intended to help users prevent problems and deal with common concerns of renting. When legal help is needed, always consult an attorney at law.
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