Last Updated October 11, 2023
What is a Landlord's Consent to Sublease?
Landlords can sign a Consent to Sublease form to give tenants official permission to sublease their rental unit. When subleasing, a tenant transfers some of their rights under a lease to a third party. In most cases, a tenant must have their landlord's approval before entering into a sublease agreement.
How does subleasing work?
A sublease contract, also known as a sublet contract, allows an original tenant of a rental property to become a sublandlord and rent out a portion (or all) of the property to a new tenant, known as the subtenant. In this agreement, the original tenant retains their obligations to the landlord in addition to being liable for damages or lease violations caused by the subtenant. Often, the sublandlord collects rent from the subtenant and forwards payments to the landlord.
LawDepot offers a sublease agreement for both residential and commercial properties. With a sublease agreement, you can clarify the responsibilities and expectations of all three parties in a sublease (the landlord, sublandlord, and subtenant). Planning ahead with a sublease agreement can prevent future misunderstandings over payment details, maintenance duties, and liabilities.
Can a tenant sublet without permission?
In general, most landlords require their tenants to obtain written consent prior to subleasing. Often, lease agreements include clauses regarding subleasing, so tenants should refer to their original contract before entering into a sublease agreement.
In addition to consulting their lease, tenants should also review state or municipal laws that govern subleases. In some jurisdictions, a tenant may be able to sublet without permission. However, asking for permission helps tenants maintain a positive relationship with their landlord.
If a tenant sublets without their landlord's permission, and their lease agreement prohibits subleasing, the landlord may notify the tenant of a lease violation. In this case, it's possible that the landlord would consider the subtenant an unauthorized occupant and may begin taking steps towards eviction.
What's the difference between a tenant and an occupant?
Although a tenant and an occupant may both reside in a rental property, only the tenant signs the lease agreement and is legally bound to its terms. In contrast, an occupant might be listed on the lease but isn't directly liable for rent payments or lease violations. For example, a tenant might name their minor child as an occupant on their lease.
Typically, landlords require permission for an occupant to reside in their property. If a tenant sublets their property without the landlord's consent, the landlord could consider the subtenant an unauthorized occupant and take steps towards removing or evicting the person.
How do you protect yourself when subletting?
There are several steps that a sublandlord can take to protect themselves when subletting:
- Obtain a Landlord's Consent to Sublease to ensure the subletting process is legitimate.
- Use a Rental Application to screen potential new tenants.
- Sign a Sublease Agreement with the subtenant to clarify each party's rights and obligations.
By obtaining written contracts, sublandlords create an official record of the agreed upon terms between them, their landlord, and their subtenant to prevent disputes in the future. Plus, taking the time to properly screen applicants helps guarantee a reliable tenant that both the landlord and the sublandlord can trust.
