Subletting is intended to be a temporary arrangement. For example, if you live in one city to attend college but go back home to a different city over the summer, you could potentially sublease your college-town dwelling for the summer months. [2] X Research source If your arrangement is not temporary – e. g. , you are moving out early and do not plan to return – that is called an assignment. Assigning a lease is a different procedure that permanently transfers all responsibility from you to the new tenant. [3] X Research source Do not sublease your dwelling without obtaining your landlord’s permission. You could be subject to legal actions and/or eviction for violating the terms of your lease. [4] X Research source For example, in Texas, if you do not obtain consent before subleasing, your landlord can evict your subtenant. Your landlord can also sue both you and your subtenant.
You can talk with your landlord if you are not certain about what questions to ask.
For example, if you have a clause in your lease that says you will forfeit your security deposit if you smoke in your apartment, your subtenant must also abide by that. If your subtenant smokes in the apartment, you will be liable for the damages. In most states, you become your subtenant’s landlord even though you are still responsible to your own landlord for the property. For example, if the property needs a repair, your tenant must request this repair from you. You will then request the repair from your landlord.
Be aware that many states have restrictions on how much a security deposit can be and who can collect one. For example, in Massachusetts, it is illegal for a landlord to collect a security deposit that is more than the amount of one month’s rent. Thus, if your rent is $800 and you have already paid an $800 security deposit, your landlord could not legally collect a security deposit from your subtenant under Massachusetts law. [11] X Research source It’s also advisable to provide a move-in statement on the property’s condition before your subtenant moves in. Several states require one, but even if it is not required, a statement will protect you and the subtenant. You should note specifics about the condition of your dwelling, such as scratches on woodwork, spots on carpet, etc. Have both you and the subtenant sign this statement. [12] X Research source
You should also determine how much of the rent your subtenant will be liable for. In some states, you cannot charge your subtenant more for rent than you pay. [13] X Research source In many cases, you can expect to recover between 70-80% of your rent from a sublease, unless you are subleasing it furnished. Furnished sublets tend to command a higher rate. [14] X Research source If your subtenant is paying only a portion of your rent, you could prepay the entire portion of the rent that your sublease does not cover. This protects your subtenant in the event that you are unable or unwilling to continue paying your share. However, you could lose the prepaid money if your subtenant violates the lease agreement. Be aware that when you and your subtenant sign the sublease, you are both required to abide by its terms. If your subtenant is only paying a portion of your rent each month – which is a very common situation – you must continue paying the difference so that your landlord receives the rent in full. If you or the subtenant do not pay, you will be in violation of the lease. If you do not pay, your subtenant and your landlord may sue you.
For example, “This contract is for the sublease of an apartment between the Tenant, Jane Smith, and the Subtenant, Robert Jones made on February 1, 2011. ”
If the sublease is for something other than the full use of the property—only the use of a garage, for example—state this in the description of the property. If the property is for residential purposes, as in the case of a house or an apartment, state that the subleased premises are to be used for residential purposes only. A commercial lease should state that the property is to be used for commercial use only.
For example, “Subtenant will take possession on January 1st, 2011 at 9 AM and vacate the premises by June 6th, 2011 by 12 PM. ”
Include any penalty for late payment in this section as well. For example, “If rent is not received by the 3rd day of the month, a $50 late fee will be added to the amount of rent due. ” Include the payment recipient by name. Include the address to which the subtenant must send the rent as well. You should also make it clear what your own financial contributions will be. For example, if your rent is $1000 and your subtenant will pay $850, you must pay $150 per month. Alternately, you can include a clause that specifies that you have paid your share in full (e. g. , $450 for three months) and the subtenant is responsible for the remaining portion.
The contract should state that if the Tenant withholds the security deposit or any portion of the security deposit, the Tenant will provide the Subtenant with a written statement of the reason. The tenant should provide this statement and any returned portion of the deposit within two weeks of the subtenant vacating. Describe possible reasons for withholding the security deposit in the contract. Typical reasons include nonpayment of rent, outstanding late payment fees, and damage (beyond normal wear and tear) to the premises. Walk through the rental space with the subtenant and fill out a move-in/move-out checklist. Document the condition of the rental space both at the move-in and move-out date. This helps determine what, if any, damages the subtenant caused during the sublease period.
