A Landlords Guide To Subletting

Category Rental Legal Advice

Navigating how to draft and sign a lease with a new tenant can be confusing enough, but what if your tenant wants to sublet? Do you have to allow your tenant to sublet? How should you handle the situation? This article will answer all of your questions and more. Here’s everything you need to know:

What is Subletting?

Subletting is when your tenant finds another person to cover the responsibilities of the rental lease. The person who takes over the lease, also known as the subletter, will move into the property and pay you rent. Setting up this transfer is especially easy if you’re allowing tenants to pay rent online.

Tenants often need to sublease if they’re leaving the area due to a job change or relocation.

Subletting is a great way to offer your tenants flexibility if they need to move out, without breaking their obligation to you. That way, you’re offering your tenants flexibility without losing money.

How Should You Address Subletting in Your Rental Lease?

We recommend having a sublet clause that states the tenant is not allowed to sublet without your written permission.

The clause should also state you will not unreasonably deny permission to sublet. This means that you will allow your tenant to sublease if the terms are reasonable.

Are You Legally Required to Allow Your Tenant to Sublet?

This depends on the verbiage in your rental lease. If you have a sublet clause in your lease, then you are obligated to allow your tenant to sublet as long as the terms are reasonable.

If you don’t have a rental lease with your tenant, then you technically do not have to allow sublets. However, it’s good to be accommodating for your tenant, as long as you trust the subletter will pay rent on time and take care of the property.

Does Your Tenant Need Your Permission to Sublet?

If your rental lease has a sublet clause, then the tenant will need your written permission. In general, it’s standard for tenants to be required to ask for permission, since someone new will be living in your property.

What If Your Tenant Wants to AirBnB the Property?

AirBnB rentals are similar to sublets because they’re both short-term rentals. This means your tenant needs to ask for your permission before renting the property on AirBnB. You should also sign any agreement that a tenant enters via AirBnB.

Author: Rocket Lawyer

Submitted 09 Mar 18 / Views 92

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