Sublease Process

Subleasing is a substitute for leaving a rental which you love. If you need to relocate temporarily, subleasing an apartment to someone else permits you to cover the rent while you’re gone and reclaim the flat when you return. You have the right to sublease, even if your rental prohibits it, unless your landlord has valid reasons for refusing.

Identification

Prior to subleasing, you should be certain that is the approach you want to choose, the Tenant Net website says, rather than sharing or assigning. Sharing means bringing in tenants that are fresh to live with you who are not family. Assigning means assigning the lease and permanently moving off. Subleasing or subletting means a temporary move, with someone else acting as tenant as you’re away.

Process

If you want to sublet, Realty Times says, you should deliver a letter to your landlord stating that your reasons, such as a semester abroad or a temporary job move. You will also require the whole period of your sublease–that must be less than two decades –the title of the sublessee, a sublease agreement, your temporary address and bills from any roommates you have they approve of this action.

Effects

Once your landlord receives the letter, he has 10 days to ask for additional information, such as a your sublessee’s employment information or financial statements. He has 30 days following your letter, or following you provide more information, to give a valid refusal, such as a bad credit check or inadequate income for the rent. If he fails with no valid reason, you can keep on with the sublease. When there’s no response in 30 days, Realty Times states, the law assumes he’s given consent.

Exceptions

If you live in a rent-controlled flat, the Tenant Net website says, you can’t sublease with no landlord’s permission. Additionally, it is illegal to charge a higher rent to the sublessee than you were paying yourself.

Factors

If your landlord refuses the sublease for valid reasons, Realty Times says, then you’re still bound by your previous rental. If you’re going away, it is possible to either break the lease and proceed or continue paying rent to the flat as you’re living elsewhere.

Warning

It’s better to sublease to someone you know and trust, Realty Times said. The alternative could be that you return and find your flat has been ruined by an reckless occupant. Regardless of whom you sublease to, both you and she must sign a sublease agreement spelling out the terms and have it notarized.

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