If you are a landlord and you want to lease your apartment to a tenant, then you have to make an agreement with the tenant about what he can and cannot do at your apartment. If he breaks any of the terms, you may take Legal Measures to Evict him from the apartment. Subleasing is a term that some landlords allow, and some do not. A sublease is a term that refers to a situation where a tenant who leased the apartment from the landlord and then leased the apartment or part of it to another tenant. It depends on how he created the sublease, the subtenant has to pay all or a portion of the property rent, and he may also assume all the liability.
Sublease Terms in Lease Agreements
It is for the best to include sublease terms in the original lease agreement. It will ensure that a quality tenant will sublet the property, and it will also help you to avoid potential risks. Without the landlord’s knowledge or written permission, a sublet cannot lease the agreement. You must include the term that before subleasing, the tenant has to have your constant or written permission. The tenant has to provide you with notice, and the notice must include the reason for subleasing the length of the sublease and other information related to the tenant such as income, credit and rental history.
Advantages of Allowing a Tenant to Sublease
Usually, a landlord does not allow their tenant to sublease the property. If you are leasing your property to a tenant before banning the subleasing term, think carefully about its advantages.
If a tenant moves out from the property in the middle of the lease term, it will break the lease agreement. If you allow the property for sublet, the lease will not break. It will result in your favor. You will not face any rental vacancies easily.
The tenant will Find the Subletter
If your tenant leaves the property in the middle of the month in urgent, you will have difficulties finding a suitable tenant for the property. On the other hand, if you allow your tenant to sublease then when he or she leaves the property, he will find someone suitable to replace him by taking the original lease. Because of that, you will not have to go with the hassle and time of finding a new tenant.
Tenants are Responsible for the Subtenant
If your tenant subleases the half or the whole property to a subtenant, then the subtenant will be his responsibility. If suddenly the subtenant stops paying his rent, damages the rental property in any way possible or causes any problem at the property, then its whole responsibility will be in the hand of the tenant who made the original lease agreement.
Disadvantages of Allowing a Tenant to Sublease
There are not only advantages there are also some disadvantages for allowing a tenant to sublease the property. Before signing the lease agreement, you have to consider it thoroughly.
When you are not the one to choose a subtenant, then there could be some problems. Suppose the subtenant does not pay his rent on schedule, then you cannot hold him responsible because you have a lease with the original tenant, not with the subtenant. If the subtenant is unreliable, it will be risky to rely on the original tenant for rent or damage repairs.
Damages to the Property
When your tenant subleases the property, you will not know the subtenant. The subtenant may not know you or the terms and conditions apply to the original lease. That is why he may damage the property while unaware of the rules.
Violation of the Lease Agreement
While unaware of the original lease terms and condition, a subtenant could break lease terms without knowing. For example, he could make a loud noise or have a pet in the property while you do not have a pet policy.