How to Legally and Effectively Sublet Your Apartment

by CSA Staff on May 15th, 2023 in Apartments

By Aaron Swartz

There’s a steep learning curve when it comes to living in an apartment. If you’ve been doing it for a while you’ve probably dealt with your fair share of hurdles — rent payments, broken appliances, utility companies — but one other unique part of living in a rented space you may have heard a little bit about is subletting. But what is subletting exactly? Why would you want to sublet your space? And what are the rules you need to follow when subletting? Read on to find the answers to all those questions, as we give you the basic rules for subletting your apartment.

via Pixabay

What Is Subletting?

The most important question to tackle first is a simple one: what even is subletting? At its simplest, subletting is adding a new person onto an existing lease as a replacement for someone who is leaving the apartment. This new person, the sublessor, pays for the space and is found by the person leaving — the subletter — who in this case is you! The purpose of subletting is to fill a vacant spot in an apartment and/or a lease until the lease ends if it becomes necessary.

Why Sublet?

But what kind of circumstances might lead to you wanting to sublet your space? There are many, but the biggest two are pretty simple: either you’re leaving a lease early while other people you’re living with are not, or you want to return to that same apartment after an extended period away, like a couple weeks or months on vacation. Basically, if you’re moving out of your apartment before the lease is up, subletting might be for you.

What Are The Rules?

There’s a lot you should keep in mind when you consider subletting to someone and there are specific protocols you should absolutely follow. Here are the most important steps you need to take when subletting your apartment.

Check With Your Landlord: The first thing it’s important for you to know is that you can’t just decide to sublet your apartment on your own: you will need your landlord’s permission.  Subletting should be covered in your lease, so speak with your landlord about it and get their permission before anything else. Once you do, keep them involved as you negotiate terms. Communicating effectively with everyone involved is the best way to make your subletting experience go well.

Check With Your Roommates: If you don’t have any roommates then great! You’re in the clear. If you do, however, you should discuss subletting with them. Make sure they’re ok with it and make sure they’re involved with any potential candidates you meet. They’re going to be living with this stranger for the next while, so make sure they know what they’re getting into.

Create a Written Agreement: As we said, subletting is adding someone to your lease, which means there needs to be official documentation of the terms of the agreement. Do this with your landlord and your new sublessor and make sure the terms are agreeable to everyone involved.

Rent Price: One big thing you need to decide when subletting your apartment is how much your sublessor is going to pay. A usual average is around 70-80% of the regular rent (meaning you’ll still have to cover the rest) but there’s nothing stopping you from asking your sublessor to cover the whole payment. Be careful though, as this may drive interested applicants away.

Rent Payments: Generally, you should have your sublessor send their payments directly to the landlord. Don’t have them send money to you and then take it upon yourself to send it to your landlord. The direct line will ensure your property manager is paid on time and is happy, which is pretty important when they have the power to evict you or your sublessor.

Set Terms Ahead of Time: Before you agree to sublet to someone you should know the terms of the sublet, including:

  • Start and end dates of the sublet

  • Where you’ll be during the period of the sublet

  • Parts of your lease the sublessor will be responsible for

Once you’ve found a candidate you should also get information about them, such as their name and current employment. All of this will be important for the written agreement you create with your landlord.

Screen Well: Part of the reason more people don't sublet is that there are a lot of risks involved. There are a lot of people out there who you shouldn’t trust with your home, so it’s on you to do the work to make sure they’re a good, and safe, fit. Conduct thorough interviews, perform background checks, and introduce your potential sublessor to your roommates and landlord, just as a start. Screening well is one of the unwritten rules of subletting, and you would do well to take it to heart.

Subletting is a great option for anyone who’s leaving their apartment before the lease ends, but there’s a lot you need to remember to do it well. With this list, you know all of the basics of subletting, making you well-prepared for the task at hand.

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