Am I subletting right?

March 8, 2023 9:34 AM

I need to sublet my apartment for a few months until the lease runs out. What's the best way to make sure that this goes smoothly with my sublettor? Is there a good form to use to make sure that we have a binding agreement?

I've found an in-person job in another city and need to move. Breaking my lease is very expensive, so I'm trying to sublet the place for the last few months of the lease. The sublettor will pay me the rent and utility money, and then I'll use that money to pay the bills, which will still be in my name. Once July hits, the sublettor can then apply for the apartment in their own right and my responsibilities will end, whether the sublettor moves or keeps the place.

Two questions:

1. Am I missing a part of the process here? I've sublet rooms in a place where I was living but I've never sublet where I haven't been on premises. I think I have it down (they Venmo me, I pay the actual management company and energy company) but I could very well be missing something.
2. What kind of form is useful for this kind of setup? There must be tons of them on the Internet but perhaps someone on here knows more about tenant law than I do and can point me in the right direction of a good solid agreement form. Or is it worth putting an agreement form together in the first place?

posted by kingdead to Home & Garden (11 answers total)

Am I missing a part of the process here?

Does your lease allow subletting? If it does, there's likely a process to follow to have your landlord approve the sublettor as a tenant.
posted by saeculorum at 9:41 AM on March 8, 2023

You need to connect with your landlord first to figure out if it's allowed in your current lease. If it is allowed, then they will probably have their own forms/processes that they'll require you to use.
posted by greta simone at 9:42 AM on March 8, 2023

Response by poster: Coming back in--this was the path suggested by management. The alternative was paying all 3 months' rent at once.
posted by kingdead at 9:43 AM on March 8, 2023 [1 favorite]

What jurisdiction are you in? Laws vary significantly. Also, leases vary significantly, which changes the calculus; you might not be allowed by your lease to sublet, which adds more risk for you and the person who's subletting.

My first question, which you can't answer without knowing the relevant laws and lease agreement details, is whether it is less risky and not too expensive to have the potential subletter take over your lease.
posted by Kutsuwamushi at 9:44 AM on March 8, 2023 [2 favorites]

Where are you? Here's a basic form that UC Berkeley's Student Legal Services links to, but your local situation might be different. Maybe there's a local tenant org that can give you advice.
posted by pinochiette at 11:56 AM on March 8, 2023

Check local tenant law where you live currently or update with where you live - and yes definitely get them to sign something formally, you don't want to be on the hook for the rent in two places.
posted by lafemma at 12:25 PM on March 8, 2023

Coming back in--this was the path suggested by management

Did they specifically tell you to find someone to sublet, or did they tell you to find someone to take over the apartment? Or maybe the person talking to you was not acting the actual landlord's best interest. Because subletting is something that burns landlords if their lease isn't tight enough to prevent it, it's generally not something they ask you to do in the first place.
posted by Back At It Again At Krispy Kreme at 12:58 PM on March 8, 2023

you don't want to be on the hook for the rent in two places.

You are 100% on the hook for rent in two places. You think the original landlord cares if you have signed sublease? It's not like his/her bank cares if they can't pay their mortgage you as the original tenant stopped paying rent. Getting your tenant to pay would be your problem, just like it's your LL's problem if you stop paying.
posted by Back At It Again At Krispy Kreme at 1:06 PM on March 8, 2023

Consider splitting their rent unevenly - I did 2x for the first month, 1x for the second month, free for the third month. You could also do 1.5 // 1 // 0.5 or some other ratio. It helps ensure the person will stay, and compensates you up front if they leave early.

In addition, you can ask for a damage deposit.

Make clear written rules about anything you're concerned about (mine was no incense so the smell wouldn't permeate my stuff, no illegal substances on our property or any neighbouring properties - park only - no pets, no parties, etc.)
posted by nouvelle-personne at 2:10 PM on March 8, 2023 [1 favorite]

You should require them to comply with any sections of your current lease regarding use of the building/apartment so they don't do something that violates your lease. When i've subleased office space, I was given a copy of the master lease and had to agree to comply with everything except for the payment provisions.
posted by metahawk at 11:03 PM on March 8, 2023

If you're in the U.S. you are probably allowed to find another tenant to rent directly from the landlord, rather than taking on the risk and responsibility of subletting. I'm not a lawyer but according to my lawyer friends and the internet, in general, if you break a contract you're only on the hook for actual damages, ie, the amount of money the landlord actually loses because you left early - they can't charge you the full three months rent if another tenant moves in and starts paying, they can only charge you for the period of time the unit was vacant and maybe the difference if the new resident pays less than you did.

There's a useful list here that gives legal codes by state. It focuses on which states impose a duty to mitigate - that is, where the landlord has to proactively try to find a new tenant in order to minimize the damages you pay - but if you find a new tenant yourself that's not really relevant.
posted by exutima at 6:39 AM on March 9, 2023