Sublet Lease Agreements: What to Know before Signing

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Sublet lease agreements are between a tenant and a subtenant, similar to a lease between the tenant and the landlord. These agreements automatically end upon termination of the original agreement between the tenant and the landlord. A sublease is the renting out of a home or a part of the home or apartment to a third party, by a person who has rented the house or part of it from the landlord.

Before Signing a Sublet Lease Agreement

Different states have different laws for subleases and subtenants. In most states, subletting is not legally allowed. Be aware that, even if your landlord allows subleasing of the property, you assume responsibility of the property for any damages caused by the subtenants. Read the sublease contract carefully and be familiar with the terms. As a tenant, you should ensure that the subtenant is responsible for the property under the same terms and conditions as those of the original contract between yourself and the landlord.

Additional Considerations

The length of the sublease should not be longer than the length of the original contract. Make note of the condition of the property by taking videos or photographs of the premises. Also make sure  you are not responsible for any utility bills for services enjoyed by the subtenants. Obtain a credit report of the subtenant and perform a background check to ensure you are not handing over the property to an untrustworthy person.

A sublet lease agreement is legally binding, and failure to meet the terms and conditions may result in termination of the contract and eviction of the subtenant, in addition to the forfeiture of the security deposit.

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