Of the rental terms available, the name subleasing can be the most confusing one. We all have either paid rent on a sublet room, or we have considered subletting our apartments or a part of our home. What exactly does this term mean? And what is the information people need to have before considering it?
What Is Subletting or Subleasing?
Subleasing is when a tenant whose name is on the lease looks for another person to pay the monthly rent. That person would be the subtenant. This scenario occurs when the tenant is temporarily not living in the apartment, or they are traveling out of town or city for business or other reasons. They do not want to break their lease, so they allow the subtenant to have a room rental agreement to live in the apartment and continue to pay the monthly rent until they return. This process is a great way to avoid losing money; however, the process has its setbacks.
The tenant can sublease unless the original lease forbids it. In most cases, the landlord is notified and approves any subletting agreement created by the tenant. The control of the subletting process should be included in the original lease so that the landlord can have control over who will use or move in their property during a subletting.
What are the DO’s and Don’ts of Subleasing?
- Don’t sublet to a stranger. The tenant is subletting the apartment to another person. However, they are responsible for the month’s rent, as their name is in the leasing agreement. So if the subtenant won’t pay the rent, they will have to pay the rent in full since they are on the lease. Be sure to screen the subtenant before allowing them to sublet.
- Check the lease agreement. The right to sublease the apartment will depend on the leasing agreement. If the agreement does not mention subleasing, then the tenant can probably sublease. However, the most agreement requires the tenant to get the landlord’s consent to sublease, and the landlord has to approve the subtenant before they are allowed to sublet. Consider contacting the landlord before subletting to maintain a good relationship.
- Subleasing Laws differ by State. Subleasing is different in various states. The tenant will have to look at the laws in their state before they consider subleasing. Some of the laws will even allow the tenant to sublet even when the landlord forbids it. For instance, sublease agreement NYC, a tenant living in four or more units in a building, can sublease the apartment regardless of the lease agreement forbidding subleasing.
The technology has played an enormous part in real estate, and currently, we have great mobile apps to help you draft an agreement easily with less stressful situations. One of these excellent mobile apps is DoneDeal. This is a speech to text app, which captures verbal details and arrange it as a drafted document, the document can be shared between the parties in the agreement via an email and any other messaging platform. The document is in .docx format, and the parties can print and sign the leasing agreement or sign using e-signature for people who are on the go.