There are many reasons why subleasing happens. The original tenant may have to deal with early termination, and subleasing is viewed as the fastest (and also most efficient) option.
This is a completely legal action, but make sure that you check your state and local regulations before doing it. In most cases, landlords won’t mind with it, but then again, it depends on them and how you can manage the action with your landlord.
Understanding More about Subleasing Action
Sublease refers to the action of re-renting the property, done by an already existing property to a new tenant, within the (original) tenant’s existing lease agreement. This action can also be called as a sublet. Whether you, as a tenant, can do this action or not, depends on the original lease.
You need to read the contract whether it allows subleasing or not. And although subleasing is allowed, the original tenant must still be accounted reliable (and liable) for the entire obligations stated within the lease contract, including the rent’s monthly payment.
In the legal terms, the sublease is basically the (written) contract between the original tenant and another sub-tenant to rent a space (whether it’s commercial or residential) for a certain and defined period.
The sublease happens when the original tenant needs to leave the property without having to break any lease contract and still has to pay for the rent. So, the tenant ‘rents’ the property out to another sub-tenant, and the agreement is managed under the sublease agreement.
Keep in mind that not landlords and property owners would allow such a sublease (between the tenant and also sub-tenant). You will have to talk to your landlord to figure things out.
If you are still clueless, and you are worried that you may break your contract, reach out to a real estate lawyer and have a discussion about it. They should be able to provide specific legal guidance and advice.
So, when we are talking about subleasing, we are talking about legal transfer from the original tenancy to a new party within a specific time period. The landlord, however, must agree this arrangement and it complies with the local regulations and laws. And even after the sublease is agreed upon, the original tenant must stay responsible for the contractual obligations, including the rent payment.
Subleasing Example
In most cases, tenants agree to a fixed-term lease agreement, which means that they must stay and inhabit a property within a defined time period. However, there are situations (mostly sudden and urgent) that make them difficult to complete the tenancy.
Let’s say that a tenant in Chicago rents an apartment and has 12-month contract. After 5 months, he gets a job offer is Los Angeles. Then, he decides to sublease his apartment to another new tenant for the rest 7 months. With the sublease agreement, the original tenant is able to accept the job and move out, and yet, he is still able to pay his rent.
What’s the benefit for the landlord, anyway? Well, he doesn’t lose anything. He can still get all the 12 payments for the rent. He doesn’t have to deal with expenses and the fuss of finding a new replacement tenant.
This sublease arrangement means that the original tenant still retains an interest in the place. In the event he wants to go back to Chicago, he should be able to stay in his ‘old’ apartment through a new renewal lease agreement.
The State Laws
Whether you can sublease or not depends on your local municipalities and states laws. There are laws that allow tenants to sublease, but with certain conditions, even if the contract doesn’t allow such a thing.
In New York, for instance, a tenant living within a building with at least four units is able to sublease, provided that the landlord agrees or even if the landlord doesn’t agree but not able to provide unreasonable grounds.
In San Francisco, a tenant is able to replace the roommate with another one even when his written contract prohibits it, provided that the replacement tenant is able to meet the screening standards (which were previously done by the landlord). For instance, he may demand a certain score for the credit score.
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The Take
It’s imperative that you talk it first with your landlord and then check the state regulations. If you perform the subleasing with your landlord’s knowledge or consent, then it may be illegal.
