Residential Property Sublease Agreements

Before subletting an apartment, understand more about the practice, if your state has regulations controlling it, and how to safeguard everyone involved.

What you will discover:

Sublease Agreements Sublease Laws and Procedures for Using a Sublease Agreement

Before you sublease an apartment as a tenant or as a landlord, read more about the process, if your state has rules controlling it, and how to safeguard everyone involved.

Sublease Contracts

A residential sublet describes the agreement between a tenant and a subtenant, who will take over the original lease for a specified amount of time in exchange for set monthly payments. The landlord becomes the original tenant, and the subtenant becomes the tenant.

The following are common reasons for an initial renter to sublease:

Moving for a short time for temporary employment
Spending a few months traveling without needing to pay rent
Including a roommate in a residential leasing agreement

States with Sublease and Proceedures Laws

Residential subleasing regulations are tenant-friendly in seventeen states. They range from Alaska, where the subtenant must apply directly to the landlord, who must respond in writing within 14 days and provide a valid reason if the subtenant is rejected, to Virginia, where the landlord has only 10 days to accept or reject a request from the original tenant or have the request automatically approved.

Other states that have residential subleasing legislation include:

California Arkansas
Colorado
Delaware
Florida
Hawaii
Idaho
Missouri
Nebraska
Nevada
New York City
Pennsylvania
The state of South Dakota
Texas and Utah

More information on your state’s subleasing rules may be found on its official website. Tenants in states without subleasing regulations should review their original residential lease agreement and speak with their landlord about subleasing alternatives.

Making Use of a Sublease Agreement

A simple sublease may be ideal as an initial tenant if you want to sublease a rental property or room under the same conditions as the original lease agreement. As part of the subleasing process, you may additionally wish to undertake the following:

Conduct a credit check on the prospective subtenant.
Collect a security deposit from the subtenant; state law and the original rental lease agreement may specify the maximum amount that may be collected and who must pay it.
Before the subtenant moves in, take photographs of the rented property.
Provide a renter’s inspection worksheet to the subtenant.

Whether you are the property owner or the tenant-turned-landlord in a subleasing scenario, properly knowing the terms and circumstances of the lease and sublease agreements, as well as the state legislation regulating the practice, gives you the greatest chance of a successful subleasing.