What is subletting?

Subletting, also known as subleasing, is when a tenant rents out their rented property to another person, called a subtenant. It's a common practice, but understanding the rules and regulations is crucial to avoid legal issues.

• Legality and Lease Agreements: Most leases have clauses addressing subletting. Some outright prohibit it, while others require landlord approval. Always carefully review your lease. Landlords often require the subtenant to complete an application and may run a background check. Landlords have the right to reject a subtenant for legitimate reasons (e.g., poor credit, criminal history), but they can't discriminate illegally.

• Responsibilities of the Original Tenant: As the original tenant, you are still responsible for the property, even with a subtenant. This includes paying rent on time, ensuring the property is properly maintained, and addressing any damages caused by the subtenant. If the subtenant doesn't pay rent, you are still liable to the landlord. You're essentially acting as a landlord to the subtenant.

• Sublease Agreement: A written sublease agreement is essential. This legally binding document outlines the terms of the sublease, including the rent amount, payment schedule, duration of the sublease, and any specific rules or restrictions. It should mirror the original lease as much as possible. It is recommended to seek legal advice to draw up this agreement.

• Landlord Approval: If your lease requires landlord approval, obtain it in writing before subletting. Subletting without permission can be a violation of your lease and could lead to eviction. Be upfront and transparent with your landlord about your intentions.

• Tenant Screening: Just like a landlord, you should screen potential subtenants. This can include checking their credit history, contacting references, and conducting background checks. This helps to minimize the risk of issues like non-payment of rent or property damage.

• Rent and Security Deposit: You are responsible for collecting rent from the subtenant and paying the full rent to your landlord. Determine how you will handle the security deposit with the subtenant. You'll likely need to collect a security deposit from the subtenant and return it (minus any legitimate deductions) when they move out.

• State and Local Laws: Subletting laws vary by state and locality. Research your local laws to ensure you comply with all regulations.