Subletting
If you sublet, you will still be on the lease and responsible to the landlord even though you will be no longer living in the apartment. If the person you rent to does not pay rent or damages the apartment, you will be financially responsible.
For Subletting Information visit the Tenant Center Website.
Issues to consider before subletting:
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Landlord Permission: Most of the time you will need the landlord's permission in writing before you sublet your apartment. Check your lease.
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Landlord Sublet Procedures: Some landlords have specific procedures which must be followed. Check with your landlord about his/her subletting process.
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Roommate Permission: All parties on the lease must agree to any major changes, including adding new tenants. Make sure your roommates meet the potential sublessee. Remind your roommates that they are "jointly and severally" liable, so if you do not find a sublessee and do not pay rent, the landlord may try to collect your portion of the rent from them and/or evict them for non-payment.
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Check Out Possible Sublessees: Screen all potential sublessees carefully. Ask for Landlord references. You want to be assured that the sublessee is able to pay the rent and has not had past rental problems. Your landlord may also decide to screen the potential sublessee him-or herself.
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Security Deposit: Since you are still responsible for rent and payment for any damages, to protect yourself, you may want to collect a security deposit from the sublessee in the same amount as the one you paid to the landlord. When you get your security deposit back from the landlord, you can refund the one you took from the sublessee.
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Sublet Agreement: The single most important step is using a written sublease agreement! List all terms of the sublet clearly, such as the starting and ending dates, amount of rent, how the rent is to be paid, security deposit arrangement, and who will clean the apartment at the end of the lease. Include any particular conditions such as whether or not the apartment will be furnished and responsibilities like taking care of and maintaining your furnishings, parking, etc.
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** Sample Sublet Agreements, Check-In and Check-Out Forms are available at www.tenantresourcecenter.org/resources**
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Check-in: It is wise to have your sublessee complete a Check-In Form when they move in to document the apartment conditions. All tenants must be given at least 7 days after moving in to inform the landlord/sublessor of any pre-existing conditions. The sublessee should make a copy of the completed form for him-or herself and give the original to the landlord within the prescribed timeframe.
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Check-out: Before the sublessee move in, you should also complete a Check-Out Form (similar to the one you did when you first moved in). Make a copy of the completed form and give the original to the landlord. If you believe that you may have difficulty getting your deposit back, have a witness (not a roommate or relative) do the inspection with you and sign the completed form.You can also attach photos to document the condition of the unit prior to your leaving.
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​Your Lease Ends: If you have no intention of returning to to the premises, you are still ultimately responsible for complying with the lease provisions regarding termination. You may have to provide your landlord with written notice within a certain timeframe (usually 30 days) that you will not be renewing your lease. Check your lease for termination procedures!!!
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Read more about the legalities and specifics of subletting on the Tenant Resource Center website