How do you sublease?

Last Update: April 20, 2022

This is a question our experts keep getting from time to time. Now, we have got the complete detailed explanation and answer for everyone, who is interested!

Asked by: Vernie Hirthe
Score: 4.5/5 (66 votes)

How to Sublet Your Apartment
  1. Check your local laws. ...
  2. Choose a qualified subtenant. ...
  3. Request a rent deposit from your subtenant. ...
  4. Finalize a sublet agreement. ...
  5. Get your landlord's approval. ...
  6. Collect and store a security deposit. ...
  7. Set up rent payments.

Is it a good idea to sublease an apartment?

Pros of Subletting Your Apartment

Someone else can pay your rent while you're gone. You can earn supplemental income from rent money. Having a physical presence in the apartment will help to prevent apartment robbery. A subtenant can alert you and the landlord to urgent repair issues, which you'll miss if you're away.

How do sublets work?

Under a sublease, you grant a lease of all or part of your premises to a new tenant. You remain liable under your lease from the landlord, and continue to pay rent to your landlord and to otherwise deal directly with your landlord. The subtenant pays rent to you and normally has no direct dealings with your landlord.

Is subleasing difficult?

California isn't the most tenant-friendly state when it comes to subletting. According to California law you must receive written consent from your landlord prior to subletting, and if your lease says no subletting, then that really means no subletting.

How do you protect yourself in a sublease?

How to protect yourself when subletting
  1. Screen your subtenant. Don't just take the word of a friend or relative on this person being wonderful. ...
  2. Sign a subletting agreement. There are sample agreements online, or you could consult with a lawyer. ...
  3. Get a security deposit.

How to Sublet an Apartment in 5 Simple Steps

34 related questions found

Why is subletting bad?

If your lease doesn't allow you to sublet your apartment, subletting could land you in serious legal trouble. You or your tenant might be evicted, and you could have to pay hefty fines. Your landlord could also sue you for damages caused by your tenant.

Does subleasing hurt your credit?

If you pay all outstanding charges before moving, including any back rent and fees, breaking a lease won't hurt your credit score. However, breaking a lease can damage your credit if it results in unpaid debt. ... Landlords generally don't report unpaid rent to credit bureaus.

Is a sublease legally binding?

A sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee). ... Usually, the first tenant must get consent from the landlord before he/she is allowed to sublease the premises. LawDepot offers a written Commercial Sublease Agreement.

How do you sublease without permission?

If your tenant did not get your permission to sublet and you have a sublet clause in your lease, they have officially broken the lease. This means you can send out a notice to comply or vacate the property. Subletting without permission is cause for eviction, but you aren't required to evict the tenant.

Is it cheaper to sublease?

The application process and move-in costs for sublets are easier and cheaper than for traditional leases. A sublet is a great alternative for people seeking a situation that's a little—or in some cases, a lot—more flexible than a traditional lease.

What is the difference between subletting and subleasing?

In short, subletting allows a new renter to take over the lease directly with the landlord, while subleasing involves renting all or part of the space to another renter through the original renter.

Is subletting cheaper than renting?

Subletting a room or apartment on Caretaker is cheaper than the average rent in every neighborhood and city we researched.

What happens if you get caught subletting?

You can be tried for the second offence of unlawful subletting and acting dishonestly at the magistrates' court or the Crown Court. At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.

Can you evict a subtenant?

In New South Wales if your housemate is a sub-tenant on an open-ended agreement, they'll likely still have 90 days to vacate the property even after you secure an order to evict them.

Is it subletting if they don't pay?

If a family member or friend is staying with you on a temporary basis and they do not pay rent, this is not considered subletting either – merely having guests.

Will I get caught subletting?

If you need permission from your landlord before subletting your home or you aren't allowed to sublet but do so anyway, then your landlord is likely to take legal action against you when they find out. The consequences are more serious for some social housing tenants as they may also be committing a criminal offence.

Is Airbnb considered a sublease?

Is Airbnb Considered Subletting? If you rent your home and list it on Airbnb then you are subletting. To “sublet” means you rent out all or part of an apartment or another type of rental property. This could be for a few days, months, or longer.

Is subletting against the law?

Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.

What do I need to know before subletting?

To know what rights you have as a subletter, as well as if you're allowed to be there in the first place, make sure to read the original lease between the landlord and the original renter before signing a sublet agreement. Also know that you have the chance to negotiate a rental price with the original renter.

Do you need a good credit score to sublease?

Many sublessors, the tenant who sublets the apartment, are not that strict. They won't require an application, and they won't check your credit history. If your credit history has made it difficult for you to rent apartments, then subletting may be your best option.

Is it better to sublease or lease?

Responsibility for Rent Payments

With a lease agreement, the tenant assumes the responsibility to pay regular rent to the landlord. ... A sublease agreement gives the subtenant a legal obligation to pay the tenant, but the tenant remains the one with the legal obligation to pay rent to the landlord.

Can I sue my subtenant?

The master lease may limit your rights to sue even if your sublease says you can sue the tenant listed in the master lease. ... This is usually a good thing for both subtenant and landlord as long as it does not state that you totally forfeit your rights to sue if an agreement cannot be reached.

What constitutes a sublease?

A sublease occurs when a tenant rents part of the property they are leasing to a secondary tenant. In practice, the original tenant becomes a sublandlord, with the secondary tenant being a subtenant.

What does no sublease mean?

The leasing of part or all of the property held by a tenant, as opposed to a landlord, during a portion of his or her unexpired balance of the term of occupancy. A landlord may prohibit a tenant from subletting the leased premises without the land-lord's permission by including such a term in the lease.

How much should I charge for subletting?

It's typical to charge 70% to 80% of your normal rent when subletting. You can always ask for the full rent, but don't be surprised if potential subletters negotiate the rent down a bit. Don't forget to add in enough to cover utilities if you pay those separately from the rent.