A Sublease Agreement is a legally-binding written agreement between the tenant of a particular piece of property who wishes to give their rights under the current lease to another party. This is called subletting. Depending on what the original lease of the property states, the landlord of the property may need to give permission to the tenant to create a sublease agreement with another party.
Dos and Don’ts
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. The original tenant may want to obtain information from their potential subtenant and provide this to the landlord to aid in the approval process. The landlord will most likely wish to approve the subtenant in the same way they approved the original tenant. To protect both the current tenant and the subtenant, it is important to have this document describing each party’s rights and responsibilities. Subletting is intended to be a temporary arrangement. For example, if you are a college student you may wish to rent your dwelling to another party during the winter months while you are away at school. If a tenant does not wish for this to be temporary it is called an assignment. Assigning a lease is a different procedure that permanently transfers all responsibility from you to the new tenant.
A Sublease Agreement is an important legal document that should outline a few basic things, such as information about a possible security deposit. It is important to check state laws beforehand because each state has specific rules about who can receive a security deposit and for how much. This is a key feature in the agreement because the original tenant is still responsible for any damages that are done to the property. For example, if the original lease states that smoking will not be allowed in the property and the subtenant smokes, the original tenant will be responsible for this and may not get their original deposit back.
Another important thing that needs to be addressed is who will be responsible for getting the rent to the landlord and how much will each party pay. Generally, when subletting, the original tenant will still be responsible for a portion of the rent. Usually the subtenant will pay 70-80% of the rent and the original tenant will pay the rest. The original tenant must pay their portion or they can be subject to legal action from both the landlord and the subtenant. Paying attention to state laws is important when it comes to rent price because in some states the original tenant is not allowed to charge more than what the rent is. For example, if the current lease states the monthly rent is $800, the original tenant cannot charge more than $800 to the subtenant. The original tenant can be the one to write up a Residential Sublease Agreement and have all parties sign. The tenant, subtenant, and the landlord should keep a copy of the signed agreement for their records.
Free State Specific Sublease Agreements