Subleasing

A sublease is an agreement between a tenant (the sublessor) and another person (the sublessee) which states that the sublessee will take over the tenant’s lease for a certain period of time. The relationship between a tenant and a sublessee is essentially the same as the relationship between a landlord and a tenant, and the liabilities of the parties to each other are governed by landlord-tenant law.

From the time the sublessee takes possession of the leased premises, they are the tenant of the sublessor and liable for rent to the sublessor during their possession of the premises.  However, the original tenant (sublessor) still remain primarily liable under the lease to the landlord.  This means that it is the sublessor’s responsibility to make sure that all rent and fees are paid and that no damage is done to the premises. If the person to whom the sublessor is subletting to does not pay the rent or damages the apartment, the sublessor must pay for it and then sue the sublessee for reimbursement.

A sublease agreement makes it much easier for the sublessor to prove to the court that sublessor and sublessee had discussed and come to agreement about the various responsibilities. A sublease agreement does not relieve the sublessor of ultimate liability to the landlord if anything goes wrong.

Student Legal Services provides a sample sublease agreement to students eligible for SLS services.  You can request this notice by emailing or texting us at (614) 247-5853. 

Landlords are allowed to prohibit subleases or to require written permission before subleasing.  Most leases require a landlord’s permission before subleasing, so make sure that you check with your landlord before entering into a sublease agreement.  If your landlord agrees to let you sublease your apartment, you should be sure to have the landlord give you a written statement to that effect, to avoid later confusion.

Any sublease agreement should be as close as possible to your original lease, so that the sublessee is bound to the same rights and obligations as you are.  Other tips for reducing your potential liability include:

• Get a damage deposit from the sublessee, or have the sublessee pay an additional deposit to the landlord.
• Don’t leave any utilities (including telephone, water, lights, cable, phone, etc.) in your name for the subtenants to pay and use.
• Know the financial history of your subtenants.
• Obtain a local and a "home" address for your sublessee in case you have to sue them for rent or damages.
• Walk through your apartment with the landlord before you move out to verify any damage.  Then do the same with the sublessee before they move in, and again before the sublessee vacates.  Document the condition of the unit at these various times with photos and videos.

Tenants choose to sublease apartments for a variety of reasons.  If you plan to sublease an apartment, introduce yourself to any other remaining tenants and the landlord before entering into a sublease agreement, if at all possible. Do not accept the word of the sublessor that all of the other tenants and the landlord are on board with the sublease arrangement.  If the landlord has not given permission for you to sublease the apartment, the landlord may have the right to evict you as an unauthorized occupant.

Get a copy of the original lease agreement between the sublessor and the landlord, and any other rules and regulations that the landlord may have.  You will be expected to comply with any existing agreements and rules.

Document the condition of the rental premises at the time you move in and move out, so that you can show what damage was done by the other tenants and what damage was done by you.

Be careful about paying a security deposit to the sublessor.  The safer plan is to pay your security deposit, if one is required, directly to the landlord. Sometimes tenants are told by the sublessor that the sublessee has to pay the deposit to the departing tenant. This causes problems at the end of the lease when the sublessee tries to get the security deposit back from the landlord.  The landlord, who never received a deposit from the sublessee, would not have an obligation to return the deposit to the sublessee.  The person who received the deposit, in this case the sublessor, is required to return the deposit.  At the end of the lease, many sublessees do not know where the sublessor can be found. So, if a deposit is required, insist on paying it to the landlord.  The sublessor can then get his or her security deposit back from the landlord as well.

Put your sublease agreement in writing, and specify how much rent you are supposed to pay and how long your sublease is for.