Definition of an Apartment Sublease
A lessee (current renter) subleases an apartment when the lessee allows a third party to use the lessee's rights to the apartment. In most cases, the lessee must gain permission from the landlord of the apartment and have a sublease signed by the landlord. The lessee remains responsible for rental payment and damages. Subleases are subject to the same restrictions as the original lease.
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Landlord Permission
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If you have the right to sublet your apartment, you'll find the information regarding subleasing on your lease. If you're the lessee, you may be required to notify your landlord of your subleasing intentions with the dates you plan to sublet the apartment, your forwarding address during the sublease duration and whether you plan to return following the sublet time period.
Subletting Fee
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It's possible the landlord will charge a subletting fee. The amount of the fee should be designated on the lease or in your apartment complex's rule book. The fee varies from landlord to landlord.
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Sublease Agreement
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A sublease agreement is drawn up when you want to lease an apartment to a third party whose name is not on the lease. The agreement will go over all terms that you and the third-party leaser define and agree upon. It protects not only you and the third-party lessee but the landlord as well. Signing a sublease is required; you should also attach a copy of the original lease to the sublease so the sublessee knows the restrictions imposed by the original lease.
Types
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While sublease agreements can vary according to the negotiations of the parties involved in the transaction, there are some basic elements that are inherent to most sublease agreements. When furniture is involved in the sublease agreement, include the current condition of the furniture and the condition in which it must remain. Note the security-deposit amount and conditions of the acceptance of and return of this deposit. The agreement should also include the dates of the sublet period, the responsibilities of the sublessee (such as care of plants or pets), who's responsible for cleaning the apartment, and who will be present on the move-out date to undergo the final inspection of the apartment with the landlord.
Time Frame
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Most leases cover a yearlong period; a sublease often exists for a shorter period of time. For example, you may attend school for eight months but have signed a 12-month lease; a third party could sublet the apartment for the remaining four months. You would determine whether you would return to the apartment after those four months or give notice that you'll be vacating the premises and not renewing the lease. Or you might wish to take a lengthy trip but would prefer to have the apartment paid for and inhabited during your absence.
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References
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