Sublet & Renters Agreement
Rental and sublet agreements are legally binding contracts. They differ in that a rental agreement is between a tenant and landlord, while a sublet agreement is between tenants: one who pays rent directly to the landlord and one who pays a portion of the rent to the first tenant.
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Rental Agreements
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A rental agreement is an oral or written contract between a tenant and a landlord. Rental agreements usually include conditions of the agreement, such as rent amounts and due dates, restrictions on pets, responsibility for paying utilities and whether subletting to another tenant is permitted.
Sublet Agreements
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Contrary to popular belief, subletting is not just a situation in which you "let" your entire home to another renter. If you take on a roommate who pays their rent to you and does not have a rental agreement with your landlord, that roommate is a subletter. A sublet agreement typically includes many of the same terms as a rental agreement, including rent amounts, time frames, and responsibilities for utilities and maintenance.
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Warning
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Some leases and rental agreements expressly forbid subletting. If you are considering subletting all or part of your home, read your rental agreement to find out if this is permissible. If you don't have your landlord's permission to sublet, both you and your subletter risk eviction.
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References
- Nolo.com: Do I Need a Written Lease or Rental Agreement?
- Nolo.com: Ten Terms to Include in Your Lease or Rental Agreement
- Tenant Resource Center: Ending Your Lease: Mutual Agreements, Breaking Your Lease or Subletting
- JeffCo Action Center: What Is the Difference Between a Lease and a Roommate Agreement?
- Photo Credit apartment lease sign image by Aaron Kohr from Fotolia.com
