The Massachusetts Sublease Agreement is a lease that allows the original lessee to temporarily sublet their apartment to another lessee, known as a subtenant, before returning at the end of the sublease. Subletting can be risky because the original lessee is still responsible to the landlord even if the subtenant fails to pay rent or causes harm/damage to the property. According to Massachusetts state law, if a tenant’s lease does not mention or prohibit subleasing, you are legally able to sublease your dwelling. Most landlords require the tenant to give written consent therefore if such is the case, the tenant must contact the landlord for their written consent.
If a tenant plans to rent their apartment to another person with the intentions to not return, this is called an assignment, not a sublease.
Security Deposit On a Sublease
Seeing as the original tenant is still liable for the subtenant if the property is sublet, the landlord can’t not collect more than one months rent, under Massachusetts law. If the original tenant was not charge a security deposit or if it was less than one months rent, the landlord may apply the security deposit on the subtenant.