Featured News 2014 Problems with Subleasing

Problems with Subleasing

Are you considering subleasing your property? This may be a great economic choice, especially if you have to move before your lease on your apartment or home is up. Unfortunately, there are a few legal problems that may surface if you don't cover all your bases before deciding to sublease. Subleasing allows the current tenant to lease property to another person, rather than having the subtenant lease directly with the landlord. If you are the original tenant leasing from the landlord, and now want to lease out your property to another tenant, so that you will be paying rent to the landlord and the tenant will be paying rent to you, you will want to make sure that your contract allows for this.

In some cases, subletting is illegal. You will want to check to see if it is legal to sublet in your city or state before diving in on this venture. Some states don't allow subleases under certain conditions, but will allow the process under a specific set of standards. For example, in the state of New York, it is illegal to rent out a single-family home, apartment, or studio for less than 30 days if you aren't living there. This helps to keep people from making a profit on their rented space if they decide to go on a long vacation or venture.

Also, your lease may not allow you to sublet. If your rental agreement specifically states that you are not permitted to sublease, then you will want to honor this statute and refrain from subletting your property. Some rental agreements include a clause that will limit the renter's ability to sublet or will allow guests to stay for an extended period of time without the landlord's permission. Review your agreement and contact an attorney if you want to learn more about subletting and you would like to know if you will be breaching your lease.

If you are permitted to sublet, then you will want to be very careful who you choose as a tenant. If the subtenant fails to pay rent, then you may end up covering the costs, as you will still be ultimately responsible to pay the terms of the lease since it is your rental agreement. If your subtenant is unable to make payments, the landlord has legal rights to sue you for the money. If the subtenant destroys property in the apartment or home, then you can also be responsible for this. You will need to fix any damage out of pocket, and will be held liable for any repairs that aren't made while your subtenant is in the area.

Another issue you may encounter involves security deposits. You may want a subtenant to pay a security deposit for the property in case they don't show up or if they damage the property while living there. Unfortunately, having a bad subtenant could cost you your own security deposit. Still, there are times that arranging this security deposit may be complicated. You may want an attorney to help you create an agreement and arrange the security deposit for you.

Don't hesitate to hire an accomplished and knowledgeable attorney to help you with your sublease arrangements. A lawyer can examine your rental agreement to make sure that subletting is legal in your area, and can then determine what will happen if the subtenant damages property or fails to pay rent and leaves you in a difficult situation. Use this directory to locate a real estate attorney near you today and get assistance in your case!

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