Whether you accept a job in a new city, want to move in with your partner, or need to fill an empty room, knowing how to sublease an apartment can help. Subleasing allows you to rent out your rented space, often as a way to avoid breaking your lease agreement early. As a tenant, understanding the necessary steps and considerations ensures a smooth sublease for you and your subtenant.
What Is Subletting?
Subletting means renting out your currently leased house or apartment to someone else.
Common among college students studying abroad, this approach helps cover rent for unused space. It offers a convenient solution for temporary absences, eliminating the need to terminate and later reinstate the original lease.
Subleasing vs. Subletting
While often used interchangeably, subleasing and subletting differ in how they connect landlords, tenants, and new occupants.
- Subleasing: The original tenant remains responsible for the lease terms while renting out their space.
- Subletting: Often involves the new tenant forming a new, temporary lease agreement directly with the landlord.
Understanding these differences can help you choose the right arrangement for your situation.
Why Would You Sublease an Apartment?
A sublease can help you cover costs and avoid losses if you or a roommate has to move out before the end of your lease term. If you relocate for a job or have a change in your living circumstances, you might be able to sublease instead of breaking the lease and facing fees or the loss of your security deposit. You can also use a sublease for an extra room to help cover rent costs or provide extra income.
Regardless of your reasoning, Legal Templates can help you create a legally sound sublease agreement that protects your interests. Start with our 7-day free trial to access our easy-to-use templates and make subleasing simple.
How to Sublease an Apartment
The process of subleasing requires you to do your due diligence, obtain permission from your landlord, and acquire proof of responsibility from your subtenant. You can ensure the best subleasing experience possible by understanding your obligations, asking for permission, and finding and vetting subtenant candidates.
1. Study Your Lease
Subleasing your apartment makes you responsible for both the existing terms of your lease and the needs of your subtenant. As you become the landlord for your subtenant, your obligations now include:
- Your original lease: Subleasing your apartment still requires you to uphold the terms of your original lease agreement.
- Landlord responsibilities: You now serve as the landlord for your subtenant, making you responsible for payments, improvements, and communications.
- Financial backup: If your subtenant defaults on payments, you are held responsible as the financial backup for rent payments to your landlord.
- Legal compliance: Subleasing agreements come with legal regulations, and you must comply with subletting laws for your subtenant.
2. Obtain Landlord Permission
In most cases, your original lease agreement includes guidelines for subleasing. Refer back to your document to determine whether subleasing is prohibited or allowed with conditions. If your lease does not include information about subleasing, check your state laws and reach out to your landlord for further discussion.
In addition to adhering to the terms of your lease, make sure you obtain written permission from your landlord. Verbal agreements or mutual understandings don’t offer valid proof in case of future claims or disputes.
Ask your landlord to provide a consent to sublease as written proof of permission.
Why Do Landlords Hate Subleasing?
Landlords are generally against subleasing as it opens them and their property to further liabilities and legal disputes. Adding a new person to the space increases unpredictability, and it can be hard to know if the subtenant is properly screened. Subleasing arrangements also make it more difficult to enforce the terms of the original lease and hold the subtenant responsible.
How Do I Convince My Landlord to Let Me Sublease?
If your landlord expresses uncertainty about a subleasing arrangement, you can take extra steps to put them at ease and gain permission. While a landlord can’t deny your request without a valid reason, you can also try the following tips to convince them:
- Send a written request: Providing a professional, written request that includes possible sublease terms shows your responsibility and can help persuade your landlord.
- Detail the screening process: Explain how you plan to screen candidates and offer to provide relevant documents to your landlord or allow them to help in the screening.
- Present viable candidates: If you already have a viable subtenant candidate, present their credentials to the landlord when asking for permission.
3. Set the Sublease’s Terms
Determine the terms of your desired sublease agreement and know what you want going into tenant screenings. Think about the different factors of your sublease, such as:
- Time period: Assign a start and end date for your subtenant.
- Designated spaces: Depending on the arrangement, outline which spaces in the apartment or property are shared or private areas.
- Pet policies: Decide whether you would allow subtenants to bring pets into your space and outline any pet deposits, weight limits, or restrictions.
- Payment amounts: Generally, subleases charge between 70% and 80% of your regular rate, or some tenants simply scale their normal payments to fit the sublease’s timeline.
- Utility bills: Outline who will pay the utilities for the duration of the sublease and mention any particular payment methods or accounts.
4. Find a Suitable Subtenant
Next, post the information for the terms of the sublease to reach potential subtenants who meet your needs. Advertise your space or ask friends and family to recommend candidates and generate interest. You can also post online or on social media with a description of the available space and the terms of your agreement.
Make sure you also screen your tenants and consider factors such as their income, employment, schedule, and needs. You can have candidates fill out a rental application to gather the necessary information. Also, ask for references and check for renters or criminal history to ensure you welcome a responsible and safe subtenant in your space.
How to Find Someone to Sublease an Apartment
Finding a reliable subtenant requires you to consider multiple factors and conduct interviews. A thorough screening process helps protect you from allowing unreliable people into your space. Consider asking for the following documents and information:
- Credit score: A subtenant’s credit score can indicate their reliability with making on-time payments.
- Rental history: Ask about the candidate’s rental history, including how long they’ve rented and if they have ever broken a lease or faced eviction.
- Income verification: Subtenants can provide employment or wage verification to prove their ability to pay for the space.
- References: Ask subtenants to acquire a landlord letter of recommendation from a former landlord, which can provide insight into their level of trustworthiness.
If you plan to live in the same apartment with your subtenant, you can also ask about their personal lifestyle and living habits. Ensure that your schedules align so that you don’t disturb each other late at night or early in the morning.
5. Finalize & Sign a Sublease Agreement
A sublease agreement signed by you and the subtenant sets the terms of the arrangement and protects you both from legal disputes. Ensure that the agreement complies with relevant subletting laws and outlines the following aspects:
- security deposits
- rent amounts
- payment formats
- parking
- term length
- late fees
- utilities
Once you’ve decided on your terms, you can use Legal Templates to input your information and get an effective sublease agreement that protects everyone involved.
How Do I Manage an Apartment Sublease?
Managing an apartment sublease requires you to take on some responsibilities of a landlord, and it’s important to keep an eye on things since you are often liable for the actions of your subtenant. Ensure that you communicate often and handle any maintenance issues promptly to prevent further damage or complications. You can also do regular check-ins and conduct move-out inspections to address problems and hold your subtenant accountable.
You can use a rental inspection checklist to record the condition of the space at the beginning and end of your subtenant’s stay.
What If a Landlord Doesn’t Approve My Apartment Sublease?
If your landlord doesn’t approve your request to sublease your space, you may have some other choices. Explore the following options to avoid breaking your lease:
- Lease assignment: A lease assignment transfers all of the lease responsibility from one party to another.
- Early lease termination: You can use an early lease termination letter to request that your landlord ends the lease early without the fees or legal consequences of breaking your contract.
- Lease buyout: You may be able to pay a fee to end your lease early and avoid paying the remaining rent with a lease buyout.
You can also look into local regulations or the terms of your original lease to determine if there are early termination exceptions for military deployment or unlivable conditions.
Frequently Asked Questions
How easy is it to sublease an apartment?
A sublease can be easier or more difficult depending on the terms of the original lease, the willingness of your landlord, and the availability of subtenant candidates in your area.
What are the risks of subleasing?
When you sublease an apartment, you assume the risks of any damages or payment defaults caused by your subtenant. Also, be aware of any possible tenant scams that pose risks for you and your landlord.
Can I sublease without permission?
In most cases, you can’t sublease without permission from your landlord. Leasing agreements usually include terms that prohibit subleasing without permission and can lead to eviction or fees.
