I Want to Rent Out My Apartment

While you are away from your apartment, your landlord might allow you to sublet to cover the rent.

Renting out your apartment is a way that you can increase your income. However, before you put out an ad requesting renters, you must discuss leasing or subletting your apartment with your landlord. After all, you are responsible for ensuring that your landlord receives the rent check on time. You are also responsible for any damages your sub-tenant causes at the rental unit.

Landlord Requests

Before you rent out your apartment, you must gain your landlord's approval. To do this, send a letter via certified mail to your landlord. Request a return receipt. Some of the items you must indicate in the letter are the start and end dates that you want to rent out your apartment. For example, if you want to rent your apartment out from July 1, 2011 through June 30, 2012 you must state this in the letter. Generally, you can only rent out an apartment for up to two years. Also list the name and address of the person you want to rent your apartment out to in the letter. You and the sub-tenant must sign the letter. Also keep in mind that although your landlord is responsible for making repairs to appliances and other equipment at the apartment, you are responsible for damages the sub-tenant causes to the apartment.

Waiting Period

Depending on the state you live in, your landlord might have up to 30 days to respond to your apartment subletting request. Within 10 days of receiving your letter, your landlord is allowed to contact you to request more information about the subletting arrangement. For example, your landlord can ask you how well you know the subletter to verify that the co-tenant is responsible and does not have a criminal history.

Denying Subletting Requests

Your landlord is permitted to deny your request to rent out your apartment. However, you remain responsible for paying rent unless your landlord allows you to break the lease without penalties. Depending on the state where you live, if your landlord does not respond to your subletting request within 30 days, you can move forward with subletting your apartment. You can also take your landlord to court if he does not respond to your request within 30 days for unreasonable causes and also takes you to court to try to evict you.

Paying Rent

If your landlord allows you to rent out your apartment, you are still responsible for ensuring that the rent is paid to your landlord on time. You are also prohibited from charging the subletter more than you are required to pay in rent if your rent is stabilized. However, if you rent out a furnished apartment, you can charge your sub-tenant up to 10 percent more than what you are required to pay your landlord in rent.

Renewing Leases

Before you can renew your sub-tenant's subletting agreement, you must contact your landlord and gain her permission to sublet the apartment on a renewed lease. For example, if your lease runs from July 1, 2011 through June 30, 2012 and you sublet your apartment for this period, you must get your landlord's approval to renew the subletting agreement with the sub-tenant before you give the sub-tenant the go-ahead to live at the apartment for another year.

References

• Grimble & Loguidice: Your Rights to Sublet, Share and Assign Apartments
• Saint Mary's University: What Does Subletting Mean