how to sublease an apartment lease with lawyer

How to Sublet Your Apartment Check your local laws. Your right to sublet might be written in your lease or in state law depending on your jurisdiction. Choose a qualified subtenant.

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What happens if I choose to sublease my apartment?

Create a Sublease Agreement While some states have laws to protect tenants and landlords from bad subtenants, many do not. It's your responsibility to find a suitable subtenant and have them sign a Sublease Agreement. Your landlord, as well as any roommates, will also have to approve of the terms of the Sublease Agreement. You'll need to include:

What to do as a subtenant in a lease agreement?

Do: Check Your Lease Agreement. Your right to sublease all or a part of your rental unit, which includes adding a new roommate, depends on whether your rental lease agreement allows it. In general, if your lease doesn’t mention subleasing, it is usually permitted. However, most leases do require that you obtain your landlord’s consent to ...

What does it mean to sublease as the original tenant?

A Sublease Agreement is a useful legal tool for those who need to make a formal agreement to sublet a residential unit. For those who cannot get out of their original lease, a Sublease Contract is often a good way to complete the terms of their lease in a way that suits everyone's needs. You can easily make a Sublease Agreement suitable for any ...

Is it legal to sublet an apartment as a tenant?

How do you draft a sublease? Writing Your Sublease. State the name of the parties and the date of the contract. Identify the full names of each party and what their role is in the contract. The original leaseholder of the property is the Tenant and …

What to do if a subtenant doesn't pay rent?

If your subtenant fails to pay rent on time or defaults on your sublease agreement, be prepared to cover their rent personally. If you don’t, your original lease with your landlord will be in jeopardy. 2. Examine Your Lease Agreement. Look carefully at your original lease before you make the decision to sublease.

What does it mean to sublet as the original tenant?

Subletting as the Original Tenant. If you sublease as the original tenant, it means your name is currently on the lease agreement for your apartment. In a sublease agreement, you’re still responsible for paying rent, handling utilities, and keeping the property in good condition. You and the subletter enter into a separate sublease agreement — ...

What is subletting in housing?

Subletting is a temporary housing arrangement that allows a sublessor (the current tenant) to rent all or part of their apartment to another occupant, known as a subletter or subtenant. The subletter lives in your leased apartment and pays rent directly to you, the sublessor, rather than to the landlord. The original tenant remains solely ...

What happens if a subletter fails to follow the terms of a lease?

If your subletter fails to follow the terms of your lease, the consequences fall back on you.

What is a sublease agreement?

A sublease is a flexible arrangement since it’s built between you and the original tenant of the property. You can work together to negotiate a fair monthly rent and reasonable terms.

How to be a subtenant?

As a subtenant, you must follow the terms of your sublease agreement and the landlord’s original lease. Review all terms, rules, and provisions so that you’re aware of your obligations as a subtenant. 3. Negotiate Your Sublease Price and Terms.

Can you sublease a lease?

It’s also essential that you check if your lease includes a specific sublease provision. Some landlords strictly forbid subleasing, or simply require you to ask for permission beforehand. Others only allow subleasing under specific conditions. Follow the subleasing rules as they’re described in your original lease.

What does it mean when a landlord refuses to sublease a tenant?

Generally, unreasonably withholding consent means that a landlord rejects a subtenant who would otherwise meet the landlord's regular and reasonable application standards.

What happens if you sublease a house?

If you choose to sublease, you will still remain liable to your landlord for all the terms under your lease agreement. For example, if the new subtenant does not pay rent for two months, you are liable to your landlord for that rent amount (and the inevitable late fees).

Why do you need to sublease a rental unit?

Subleasing your rental unit is a great way to minimize living costs if you move out of town or travel for an extensive period. But subleasing doesn’t come without important considerations. Understanding a few do’s and don’ts can help your subleasing process run smoothly.

Why do you need to sublease?

You can use subleasing as a great tool to reduce living costs or replace roommates. Understanding a few dos and don’ts will ensure a smooth sublease process while allowin you to preserve a good relationship with your landlord.

Can you charge a subtenant more than what you pay?

It is oh so tempting to want to charge your subtenant more rent than what you pay your landlord. In general, you are permitted to charge whatever amount you like. However, there are local laws in rent controlled cities, such as in New York and San Francisco, that prohibit you from charging your subtenant more rent than what you pay your landlord under the lease agreement. You are not permitted to make a profit off the rental unit your landlord owns. Be sure to check your local laws on whether charging more is permissible in your city and state.

Is a subtenant liable for rent?

In turn, the subtenant is liable to you for the rent he/she has not paid. It goes without saying that subleasing has its risks. If you are moving out of town and plan not to return, try to end your lease with your landlord and avoid any possible headaches that may arise with subleasing your rental unit.

Can you sublease a roommate in San Francisco?

In San Francisco, you may replace any departing roommates on a one-for-one basis, as long as the replacement roommate meets your landlord's application screening standards. For example, if the prospective tenant to sublease has a lower credit score than the landlord normally requires, the landlord may prohibit you from subleasing.

What is the difference between a sublet and a sublease?

The word sublease often describes the actual document used to record the agreement , while sublet can refer to the action of leasing property to a subletter, or it can refer to the actual property being leased.

How does a sublease contract work?

How does a sublet work? A Sublease Agreement is a useful legal tool for those who need to make a formal agreement to sublet a residential unit. For those who cannot get out of their original lease, a Sublease Contract is often a good way to complete the terms of their lease in a way that suits everyone's needs.

What is a sublease agreement?

A Sublease Agreement is a rental contract between an original tenant and a subtenant. This document is typically used when the original tenant cannot complete the terms of their lease, need to move,... Read More.

Is it a good idea to sublease an apartment?

There are some reasons why subletting your apartment may be a good idea, and even a necessity. The pros of subletting are: 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.

What do I need to know before subletting?

It’s Fast and Flexible. When you sublease space, you ‘re usually taking it over from another corporate real estate user that no longer needs it, but still has to pay for it.

How do I sublease my apartment for the summer?

Flip.lease. Flip offers an easy way to search for sublets in a variety of cities.

What should be included in a sublease agreement?

A sublease contains details about the rental arrangement between the sublandlord and subtenant, including whether:

Is it bad to sublease?

Subletting isn’t objectively bad, and can help you get out of your lease early if you want to move or travel. But subletting horror stories abound, and if you’re not careful, you could land in legal or financial trouble.

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 subletting cheaper than renting?

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.

How to add a pet to a lease?

Adding a pet is simple. To add a pet, you make a Pet Addendum and attach it to the original lease. When creating the Addendum, make sure you do not violate any local laws such as breed discrimination or required service animal accommodations. You may want to consider adding a pet deposit and pet rent if allowable by law.

How long do you have to notify tenants of a rent change?

In some areas, you may need to notify your tenants of rent changes even more than 30 days in advance. Unless you are leasing units in a rent-controlled building, you are often not limited on how much you can raise the rent.

How long can you raise rent?

In most cases, you cannot raise rent until the end of the lease. In rent-controlled buildings, there are additional limitations that you'll need to comply with. You will also need to give adequate notice. If a tenant's lease is soon to expire, you generally need to let them know a month in advance and communicate whether or not you plan to offer them a new lease. If you are planning to raise the rent, this is can be a good time to tell them. That way, they have 30 days to find a new rental if they don't want to sign a new lease. In some areas, you may need to notify your tenants of rent changes even more than 30 days in advance. Unless you are leasing units in a rent-controlled building, you are often not limited on how much you can raise the rent. With a bit of market research, you should be able to decide what fair rent would be in that neighborhood. Sometimes it even makes more sense to not raise the rent if it would cause expensive vacancies. You'll have to figure out what makes financial sense for your situation. Landlord-tenant laws vary by locality, so be sure to ask to lawyer to understand what rules apply to you.

Can you move in with a roommate?

It is common for tenants to ask you permission to move in a roommate either for financial reasons or because they want to live with someone. If your renter has been a good tenant so far, it may be in everyone's best interest to consider allowing a roommate to be added to the lease.

What happens if you are not allowed to sublet a lease?

If your lease says that you are not allowed to sublet then your landlord can ignore or refuse your request with impunity. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant.

How long does it take to sublet a roommate in San Francisco?

There is one legal exceptions to this rule: if you are in San Francisco and replacing a departing roommate then your landlord must respond within fourteen days. If they do not then you are free to sublet. 5. Collect and store a security deposit. Hooray - you're approved!

Can you sublet a house legally?

If it says you absolute cannot do it, you probably can't sublet legally. That said, you can still get in touch with your landlord directly and plead your case - they may be willing to change their mind. 2. Screen your subtenant carefully.

Can you sublet a lease in California?

If your California lease says you aren't allowed to sublet and your landlord won't budge then there's no way to sublet legally in California. 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, ...

Do you have to take a security deposit from your subtenant?

To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow California laws for accepting and holding security deposits as best you can.

What is rent controlled apartment?

Rent-controlled apartments are different from the rent-stabilized apartments. The tenant of a rent-controlled apartment may also sublease the apartment. It is considered mandatory for the tenet of the rent-controlled apartment to seek the consent of the landlord.

Can you sublease an apartment in New York?

The New York City laws permit most of the ten ants to sublease their apartment. But, in almost all cases, the landlord’s consent is considered mandatory and the fact that it is the primary residence.