What does sublease mean?

Last Update: May 27, 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: Sherwood Rosenbaum
Score: 4.6/5 (47 votes)

A sublease is an agreement where someone takes over part or all of an existing lease. This type of lease involves at least three parties. The first party is the landlord, who usually owns the property. The second party is the tenant, who rents the property from the landlord.

What does it mean to sublease an apartment?

Subleasing occurs when the tenant transfers a part of their legal tenancy to a third party as a new tenant. ... That means that if a new subtenant does not pay rent for three months, the original tenant that subleased the property is liable to the landlord for the overdue rent amount and any late fees.

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.

Is it better to sublease or rent?

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. When you sublet, you rent from a tenant who signed the original lease agreement with the landlord. You can either live with them or take their place while they're gone.

What happens when sublease?

Subletting, also called subleasing, is when a tenant rents their room or apartment out to someone else for a period of the lease. While the lease is still under the original tenant's name, the new tenant, also known as the sublessee, is responsible for paying rent and taking care of the property.

What is a Lease and a Sublease?

32 related questions found

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.

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.

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.

Why is subletting illegal?

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.

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.

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?

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

How does sublease 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 subletting bad?

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.

What is the security deposit?

A security deposit is money that is given to a landlord, lender, or seller of a home or apartment as proof of intent to move-in and care for the domicile. ... A security deposit is intended as a measure of security for the recipient, and can also be used to pay for damages or lost property.

What do I need to know before subleasing?

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.

Does a subtenant have rights?

Sub-tenant You are sharing with a tenant (their name is on the tenancy agreement for the premises) who has sub-let part of the premises to you under a separate written agreement. That person is a head-tenant. You have the rights and obligations of a tenant in relation to the head-tenant – they are your landlord.

Can landlord refuse sublet?

If a tenant wants to sublet their unit, they require the landlord's written approval. Landlords are not allowed to unreasonably refuse a request for a sublet. This means that if a landlord decides to refuse a subtenant, he or she must have a good reason for doing so.

What can happens if you sublet without permission?

Tenants are not allowed to sub-let all or part of a residence without the permission of the landlord. If a tenant does sub-let without the landlord's permission, this is a breach of the agreement between the tenant and landlord, and the landlord will be entitled to compensation from the tenant.

What happens if someone is not on the lease?

The court might require your landlord to get involved in evicting someone who's not on your lease, which will bring to his attention that you violated the lease by letting someone else move in. This could lead to your eviction as well because you broke the lease.

How long can someone live with you without being on the lease?

If someone is living with a tenant in a rented space for a fixed number of days, they are considered as “guests.” The number of days usually ranges from 3 to 15 days. Hence, the guest can live with you without being on the lease.

What a landlord Cannot do?

A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs. ... A landlord cannot remove a tenant's personal belongings.

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.

What should be in a sublease?

On your sublease agreement, include a list of various areas of the property (including the subtenant's room, hardwood floors, walls, exterior, etc.) and note its condition. And since you and your subtenant will need to abide by the original lease that you signed, it's important to include this with your sublease.

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.