{"id":3496,"date":"2017-05-24T15:00:53","date_gmt":"2017-05-24T22:00:53","guid":{"rendered":"https:\/\/www.rentecdirect.com\/blog\/?p=3496"},"modified":"2017-05-24T14:58:49","modified_gmt":"2017-05-24T21:58:49","slug":"a-landlords-guide-to-subleasing","status":"publish","type":"post","link":"https:\/\/www.rentecdirect.com\/blog\/a-landlords-guide-to-subleasing\/","title":{"rendered":"A Landlord’s Guide To Subleasing"},"content":{"rendered":"

\"sublease<\/a><\/p>\n

Whether a beach or an office calls your tenants away for a temporary relocation, subletting their rental property is a way for renters to offset their expenses while they are out of town.<\/p>\n

A sublet is when a tenant\u00a0allows\u00a0another person, not on the original lease, live in the rental property with the intent of covering all or part of the rent.<\/p>\n

Sublets typically happen when a renter leaves for work or to travel but still wants to keep living at their rental property upon returning. \u00a0Sublets are also common when a tenant wants to permanently move away before the lease term is up.<\/p>\n

In a sublet situation, the the original tenant is still legally responsible for paying the rent to the landlord and abiding by all of the original terms of the lease.<\/p>\n

Legal vs. Illegal Sublease Agreements<\/h3>\n

There are two types of sublets- one where the landlord is aware of and approves a sublease and one where the landlord does not.<\/em> \u00a0\u00a0In general, it is up to the landlord or property manager to determine if they will allow their tenants to sublease their rental property.<\/p>\n

Why are sublets against the rules in some places?<\/h3>\n

A landlord may choose to not allow sublets because they do not want an unqualified tenant living in their rental property. \u00a0Although the original tenant is still legally responsible for rent payments, they will have no control over how the property is maintained while they are away.<\/p>\n

It can also be an issue if the sub-tenant decides to stop paying rent and the original tenant is nowhere to be found to collect rent from.<\/p>\n

An illegal sublease, that violates the original \u00a0lease terms, jeopardizes the tenant’s right to return to the property and gives a landlord grounds to move forward with an eviction.<\/p>\n

Why do some landlords approve sublets?<\/h3>\n

A \u00a0landlord may choose to allow subletting because it will keep their rental property occupied and rental income steady, they will maintain a positive relationship with their tenant, it will minimize the chances of a tenant skipping out on a lease, and they will avoid expensive\u00a0turnover costs.<\/p>\n

In order to avoid the risk of your tenant selecting a bad sub-tenant, include language in the original lease agreement about the conditions of subleasing and that all subtenants must be approved by management.<\/p>\n

How to have a good subleasing situation<\/h3>\n

To encourage your tenants to have a positive subleasing situation, provide guidance about your expectations around sublets and sublease agreements at your rental property.<\/p>\n

A sublet or sublease agreement is a lease agreement between a tenant and a sub-tenant, where the original tenant essentially becomes a middle-man between the landlord and the sub-tenant, and assumes both landlord duties to the sub-tenant and tenant duties to the landlord. \u00a0Mainly, the sub-tenant pays rent to the tenant who then pays the landlord and any maintenance requests from the sub-tenant are passed along to the landlord from the tenant.<\/p>\n

Sublease Terms<\/h3>\n

The rental agreement signed by your tenants should have specific language about your rules and expectations around subleasing:<\/p>\n