Sublease Laws

It's important to know the law before you sublet.

For whatever reason, you may want to sublease your apartment to another renter before your lease expires. Fortunately, the law is on your side. In most states, unless the lease specifically prohibits it, you have the right to sublease your apartment. However, you should know the ins and outs of subleasing before you let your sublessee move in. This will save you aggravation and money should anything go wrong.

The Lease

No matter who is occupying your apartment, you still hold a lease with the landlord. In fact, you become a landlord when you sublease an apartment. Since you hold a lease with the original landlord, you will be held accountable for any breach of your lease, including late or skipped rent payments. Further, even if the law allows you to sublease, you generally must provide written notice to your landlord informing him of your sublease and its conditions. It is important that you get this agreement from the landlord in writing.

Notification Procedure

Laws vary from jurisdiction to jurisdiction with regard to whether or not your landlord must approve your sublease. However, even if a landlord's approval is not required, you would do well to cover yourself legally by maintaining a record of communication with your landlord regarding subleasing. Send your landlord a letter, certified mail with a return receipt requested. You generally have a right to expect that your landlord will respond, consenting to or rejecting your request. If the landlord rejects your request, he usually has to explain why he has rejected it.

Sublease Terms

It is in your best interests to have a written agreement with any sublessees. Sublease agreements should contain a minimum of basic information. This information includes the name of all parties involved, the address of the property to be sublet, the date that the sublease begins and ends, the amount of the rent, how the rent is to be paid, statements about what kind of care the sublessor expects from the sublessee and replacement costs for any items should they be damaged.

Rent Control

Subleasing takes on certain rules when the property is in a jurisdiction with rent control. Restrictions apply on how much you can charge a subtenant in the same way that restrictions apply on how much your landlord can charge you. In the event that you charge your subtenants an illegal rate, they may be able to sue you for damages as much as three times the amount they overpaid.

References

• Smart Legal Forms: Subletting
• TenantNet: Your Rights to Sublet, Share, and Assign Apartments
• Rent Law: Subletting
• Housing Rights Committee of San Francisco: Basic Subletting
• New York City Rent Guidelines: Subletting FAQ