Need to move out of your home before the lease is up? Find out whether subleasing might work for your situation and how to go about it.
updated November 30, 2023 · 3min read
Various life changes can occur that might require you to move from your current place of residence. If you happen to be a tenant, however, the issue of subletting your place may come up if your lease is not set to expire soon. Before you start looking for a subtenant to take your place, it's important to understand more about subleasing and what it means for you as a tenant.
The distinction between a sublease and a lease is important from a legal standpoint because both are legal documents with binding effects:
The most important point to keep in mind is that the subtenant who signs a sublease agreement enters into a contract with you, the master tenant, not with the landlord. Consequently, you are still bound by the terms of the original lease, meaning you remain liable to your landlord for rent payments, regardless of whether your subtenant pays you promptly. You are also liable to your landlord for any damages to the rental unit caused by your subtenant.
Because you remain liable to your landlord for both rent payments and any potential damages, it's important that you exercise due care during the sublet process. Following these steps can help ensure you do so.
Despite making your best efforts to find a reliable subtenant, you may one day find yourself with someone who repeatedly fails to pay the rent or who is in some other way an inappropriate tenant. When this happens, you must try to evict your subtenant.
While the termination of the sublease should be covered in a properly drafted sublease agreement, eviction in rental situations is usually governed under state regulations. States may also regulate your landlord's right to evict a subtenant, so that is another matter to consider if you're thinking of turning to your landlord for help.
Whether you find yourself needing to sublet your apartment because of a change of job or some other life circumstance, the subleasing process does not have to be a complicated one. Armed with your landlord's consent, a properly drafted sublease agreement, and solid screening techniques, you should be well on your way to finding the best subtenant for your apartment.
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
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