How to Sublease

You found the perfect house or apartment after a long search. Now you have a chance to study abroad for a semester or take a temporary job assignment in another city. You can terminate your lease and lose your apartment, you can pay the rent on an empty space, or you can sublet it. There are pros and cons, but, by knowing the law, planning the agreement, and taking your time to find the right tenant, a sublease can be the solution to both you and your tenant's housing needs.

Method 1

Method 1 of 2:

Subleasing a Property as the Landlord

1
Decide if a sublease is the right choice. You remain the leaseholder. By subleasing, you are trusting a tenant to pay the rent, maintain the utilities, and take care of the apartment.
- You must be prepared to evict your subtenant if he fails any of these responsibilities. This may include taking him to small claims court. You are stepping into the shoes of the landlord.^{[1]XResearch source} The most common reason for eviction is failure to pay the rent. This breach could affect your master lease or even your credit if the landlord reports it to the credit reporting agencies.^{[2]XResearch source}
- If you want to keep your own lease, you may have to pay the rent if your tenant defaults on the agreement.
- You need to decide what personal property you are leaving behind for your tenant's use. You should consider secure storage for items that are fragile, valuable, and private. Do not assume that your tenant won't look through every corner of the apartment.
2
Examine your own lease. The lease is a contract between you and the owner of the property. When you signed it, you and your landlord agreed to a fixed rent for a fixed amount of time.^{[3]XResearch source} Your lease will also have other conditions such as number of people in the apartment, pets, maintenance, and whether or not you can sublet the space. These provisions will carry over to the sublease.
- If there is a sublease provision in your lease, be prepared to follow it to the letter as far as notice, paperwork, and restrictions on subtenants.
3
Research the law. If you don't have a sublease provision in your contract, you may still be able to sublet the property. Landlord-tenant law is different in every state and you will need to comply. If you are happy with your apartment, you don't want to do anything that could give the landlord a reason to cancel your lease.
- Check with your local legal aid office for advice. Every county in the United States has a legal aid office.^{[4]XTrustworthy SourceLegal Services CorporationIndependent nonprofit established by Congress with a mission to provide financial support for civil legal aid to low-income AmericansGo to source} Most of the offices have a telephone hotline to assist with basic legal questions.
- The LawHelp interactive website can also direct you to resources in your state.^{[5]XResearch source} For example, Texas has a fully developed page with links to housing laws and landlord-tenant issues, including a tenants' rights handbook.^{[6]XResearch source}
- Contact the local office of your state housing authority.^{[7]XResearch source} You should be able to get a copy of the state's landlord-tenant law or a tenants' rights handbook.
- Consult with a private attorney. Most lawyers that practice civil law will do a short consultation for $25 to $75. Take a copy of your lease and ask questions about the laws on subleasing in your area.
- Generally, any housing that is government-owned or rent-subsidized cannot be subleased under any circumstances. If you live in a city with rent control, you should consult the rent stabilization ordinances for your rights to sublet.^{[8]XResearch source}
4
Notify your landlord. If you are allowed to sublease, you will need to let your landlord know your plans. Even if your lease is silent about subleasing, talk with your landlord. Lay out your reasons for subletting your apartment and see if you can come to an agreement. If you have been a valuable tenant, your landlord may be amenable to a short-term sublease.
- Experts recommend that you notify him in writing by certified mail.^{[9]XResearch source} Additionally, follow any requirements listed in your lease.
5
Look for a tenant. When you are subletting, you must look at the same criteria as your landlord looked at when he rented to you. You want someone who will be able to pay the rent, be responsible for the apartment, and take care of any furniture or personal property you are leaving in the space.
- Word of mouth can often get you a solid tenant. As soon as you know you want to sublet, let your friends and co-workers know.
- If you are in a college area, the campus housing office may have a bulletin board or service to match short-term rentals with prospective tenants.
- Only advertise in reputable publications. The local newspaper that publishes legal notices may be a better choice than a free newspaper.
6
Screen the applicants and choose a tenant. Unless you know and trust your prospective tenant completely, use a rental application. You can find them online or purchase at office supply stores.^{[10]XResearch source}
- If the applicant is a student or not employed, ask how they intend to pay the rent. If someone is living on grant funds or savings, consider giving them a discount if them pay several months or the entire term up front.
- You can verify employment with a phone call. The employer can only answer that the person works there. He can't give out any information about the applicant's character.
- Subleases are subject to the Fair Housing Act. You cannot discriminate on the basis of race, religion, sex, disability, familial status, or national origin.^{[11]XTrustworthy SourceUnited States Department of JusticeOfficial website of the U.S. Department of JusticeGo to source} Some states have also extended civil rights protection to sexual orientation and transgender individuals.
7
Complete the sublease. This is no place for a handshake deal. You are ultimately responsible for the payment of the rent and any damage to the apartment. You need to have a signed sublease detailing the rights and responsibilities of your tenant. You can use download a sublease agreement for your state or purchase one from an office supply store. You should both sign in blue ink to indicate it is an original document.
- Copies of the executed lease should go to the tenant, your landlord, and you.
- If there are sections of the lease document that do not apply, cross them out and both of you should initial the change.
- You can only sublease the property rights that you have. For example, if your lease forbids pets, you cannot allow your tenant to have pets. Other considerations include parking, laundry facilities, recreational areas, noise, and exterior maintenance.
- The sublease cannot extend past the terms of your own lease. If your have six months left on your contract, you cannot rent out the apartment for nine months. If you need a tenant for longer than that (for example, you will be out of the state on a job assignment), you either need to re-negotiate with your landlord before the sublease, or execute a new sublet agreement when your renew your own contract.
- Include a clause that prevents your tenant from subleasing under any circumstances.
- Include a clause that prevents your tenant from unilaterally changing the locks. If there is a security reason for new locks, either you change them or your landlord changes them.
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Method 2

Method 2 of 2:

Subleasing a Property as a Tenant

1
Inspect the property. If you are looking for a short-term rental in a tight housing market, it may be tempting to jump on an advertised sublease without knowing all the details. A sublease is a legal contract. You need to meet your prospective landlord and inspect the property.
- Note and photograph any problems such as water damage, carpet stains, and damage to wall coverings. You don't want to be accused of damage you didn't cause.
2
Ask to see the master lease. As the subtenant, you are bound by all the restrictions of the original lease. Don't trust that you will have guaranteed parking or can bring your cat until you see it in writing.
- Make sure the leaseholder has contacted the landlord and has permission to sublet the property. The last thing you need is to move in and get a notice that the master lease has been terminated because of an unauthorized sublet.
3
Negotiate the price and terms. A sublease can be priced however you and the leaseholder want. Expect to pay more for a nicely furnished apartment. However, that doesn't mean that you can't ask for discounts, especially if you can pay some or all of the lease term upfront.
- If the space is not vacant, inventory the leaseholder's personal property and attach it to the lease. If you do not do this, you could be accused of theft at the end of the sublease.
- Discuss utilities and access to any services available at the property. For example, if the house has Internet or cable, will the services be disconnected or can you use them for a fee?
- Discuss how to handle mail or packages that may arrive at the house. The leaseholder should pay postage for anything that is forwarded.
- Ask for a termination clause. Discuss what will happen if the leaseholder wants to return earlier or if you need to move. Generally, either side should be able to terminate the agreement with 30-days written notice.
4
Receive the keys and move in. You need to know when the property will be ready for you to occupy and if you need to have the utilities established in your own name or if you can pay the bills as them come in.
- How you will receive the keys depends on the circumstances. If the leaseholder has been transferred, you may receive the keys from the property manager. Otherwise, you will get them when you sign the agreement.
- Before you unpack, do a quick check and make sure you didn't miss anything in the initial inspection. For example, if the water was off when you looked it over, check the kitchen and bathroom faucets for leaks. If you find anything, document it, photograph it, and contact your sublease landlord.
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