Subletting is when a tenant rents out their apartment to another person while their name is still on the lease. This is different from living with roommates or simply renting out a room in an apartment to a roommate. When subleasing, only the original tenant’s name is on the lease. Subletting is usually done when the tenant has to move out before their lease ends or if they have to leave the city for a long period of time. By subletting the apartment, the tenant is able to save money on rent if they want to return back to the same space. It keeps them from breaking their lease, and they could make back some, or all of their monthly rent.
If someone is interested in subletting their apartment, they should first check their lease to see if there is a clause stating that the landlord wouldnt want them subleasing. While most leases allow subletting, tenants still need permission from their landlord to do so along with a valid reason for subletting. A formal request must be made in writing and sent to the landlord by certified mail.
The legality of subletting an apartment will depend on state laws and the lease that was signed. Some states require property managers to allow anyone the right to sublease, while others leave it to the property manager to decide. If state laws allow subleasing and the lease does not, the tenant should inform the property manager of the state laws. If the lease allows subletting, the tenant should read through the stipulations to ensure they follow the correct protocol for subletting their apartment.
If someone decides that subletting is the right option for them, there are some steps they should follow. The rules will be different depending on the lease and state laws, but following these steps can help ensure a smooth subletting process:
- Check the lease and ask for permission from the landlord.
- Find a subletter.
- Sign a sublease agreement.
- Collect a security deposit.
- Conduct a walkthrough.
- Notify the landlord.
- Collect rent from the subletter.
- Pay rent to the landlord.
- End the sublease agreement.
Its important to note that subletting comes with risks. If a tenants subletter skips town or damages the apartment, the tenant is jointly and severally liable with them and could get stuck with the bill. If someone is the new person moving in (subletter), it can feel just like a regular rental, except the person they might have the most contact with is both a tenant and (kind of) a landlord.
