U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, “Housing Discrimination Under the Fair Housing Act.”, U.S. Department of Housing and Urban Development, Office of the General Counsel, “Office of the General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions.”, LawAtlas, The Policy Surveillance Program, “State Fair Housing Protections.”, U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, “Housing Discrimination and Persons Identifying as LGBTQ.”, Association of Attorneys General, Training and Research Institute, “Protecting Veterans’ Access to Housing.”, Arizona Department of Housing, “Arizona Residential Landlord and Tenant Act.”, The Florida Bar, “Consumer Pamphlet:  Rights and Duties of Tenants and Landlords.”, Alabama Association of Realtors, “A Note from the Legal Help Desk:  A General Overview of Alabama’s Laws On Landlords and Tenants.”, BlankRome, Widener Law Review, “Navigating Through Delaware’s Residential Landlord-Tenant Law.”, Flip, “How to Sublet Legally in Mississippi.”, Minnesota Attorney General, “Landlords and Tenants:  Rights and Responsibilities.”. Our support agents are standing by to assist you. The Tenant holding the original lease and retaining the right to occupy the premises under the terms it contains must be identified as the same Party who will rent the concerned premises to a Third Party. In Massachusetts, tenants are prohibited from subleasing a rental unit if it isn’t specifically allowed in the rental/lease agreement. A crucial item that must be solidified in this agreement is the exact amount of money that will be expected as rent from the Sublessor named above. If the master lease agreement did not grant the tenant the right to sublease to you in the first place, then, no, the subtenant may not sue his/her landlord. Tenants must be given information about the dangers of indoor mold and how they can prevent mold growth. Otherwise, each conviction or arrest should be reviewed on a case-by-case basis. In this case, the original tenant (i.e. To clarify how long the subtenant can occupy the rental unit. The Residential Sublease Agreement is a contract whereby a lessee or tenant rents out the leased property or some part of it to another person, the sublessee. Oregon State Law, Volume 3 – Landlord-Tenant, Domestic Relations, Probate; Title 10 – Property Rights and Transactions, Chapter 90 – Residential Landlord and Tenant, Section 90.275 – Temporary Occupancy Agreement. A sublease agreement is between a tenant, also known as the “sublessor”, and a person seeking to rent the same space, the “sublessee”. When a tenancy is surrendered, the landlord takes back the property subject to any rights and tenancies or licences created by the outgoing tenant. To do so, present this paperwork to the Property Landlord/Owner then direct his or her attention to the “Landlord’s Consent” section on the final page. As notice to the original tenant, the sub-lessee will now be their responsibility meaning any late rent, property damage, or eviction will be their liability. 2)    The rental unit contains asbestos or carcinogens (if landlord has 10 or more employees only) The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. A sublease agreement will typically contain all the elements of a regular rental agreement, because it’s a rental agreement between a tenant and their tenant. As a general recommendation the most popular sublet websites are the following: It’s recommended to use the same property photos and details to create listings on all the above-listed websites. United States Code, Title 42 – The Public Health and Welfare, Chapter 45 – Fair Housing. Who can terminate a residential sublease agreement? Tenants must be informed if the rental unit is. Shows how much the subtenant owes, when rent is due, whether to pay original tenant or landlord, and how to pay. Subtenant’s name, age, and current address, Current employer and employer’s contact information, Number of people who will occupy the rental unit, Names and contact information for subtenant’s prior landlords (past three years only). What is a Residential Sublease Agreement? © 2020, iPropertyManagement.com. A sublease is when a tenant wants to give a third party (known as the subtenant) rights to rent all or part of their rental property for the remainder of the lease or rental agreement. Begin with the sixth article, “VI. Note that if a state’s rental laws don’t address subleasing, then a tenant is typically allowed to sublease unless the rental agreement specifically prohibits it. Even if a landlord doesn’t prepare one, the standard terms of a tenancy agreement still apply. Step 8 – Define When The Sublet Rent Is Due. Seek out the blank line between the term “…This Sublease Shall Be $” and the phrase “Payable On…” then enter the rent amount the Sublessee must pay the Sublessor every month in exchange for occupying the premises defined in the first article. The next section, labeled as “VIII> Smoking Policy,” also seeks its definition in the form of one of two checkbox statements. A sublease is a document that allows a tenant to re-rent their place to someone else known as a ‘sublessee’. Does a subtenant have to follow the terms of the master lease agreement? The next section requesting input is “XVII. This is the person who is taking over the rental unit, or just using part of the rental unit, like an extra bedroom. Locate the phrase “Of Each Month” then supply the two-digit calendar day (i.e. This requires the consent of the landlord due to subletting being prohibited in the lease between the tenant and landlord (‘master lease’). The “Sublessee’s Signature” line and “Date” line following the text and “XX. Typically, the subtenant signs a written sublease agreement (although this is not required in all states), and depending on the master lease agreement or state law, the subtenant may also be required to complete a rental application form prior to being approved to sublease. Step 4. The landlord may be allowed (or required) to give final approval to a subtenant, and perform the screening process prior to allowing the subtenant to move in. And several states add other protections, such as sexual orientation. Step 11 – Furnish The Security Return Deadline. Tenants must be informed whether the rental unit is part of a “Superfund” hazardous waste site. Security Deposit”). gas, electricity or internet). People with those convictions may be lawfully excluded from rental units. We explore the state-by-state additions in the chart below. A tenancy-at-will is an agreement between a landlord and a tenant without a written agreement. Entire Agreement.” If the Sublessor agrees to abide by the contents of this paperwork, he or she will need to sign the blank labeled “Sublessor’s Signature” then report the current month, day, and year on the line labeled “Date.”  In addition to the provided signature, the Sublessor should print his or her name on the next line down (“Print Name”) to support his or her identity as this agreement’s Sublessor. If a lease is in place for a fixed term and the landlord is unwilling to allow a release then the only option is to find someone else that will take over the space. If a tenant subleases the rental unit without permission, the landlord can double the rent. The tenant remains the landlord's tenant and is still responsible for the tenancy, including the actions of the sub-tenant. Furnish the month and day of this date on the first blank line and the appropriate year on the second blank line. 3)    A prior tenant died in the rental unit within the past three years, including cause of death. Most states don’t allow a sublease to extend beyond the length of the master lease agreement. Landlord involvement depends on the state in which the rental unit is located and the terms of the master lease agreement. That means that if the master lease ends on July 31, the sublease must also end on July 31 or sooner. Tenants must be informed if the rental unit has flooded three times (or more) in the past five years. While residential sublease agreements may vary from state to state, there are a few elements that are fairly standard among forms. LawDepot, “Residential Sublease Agreement FAQ – United States.”, legalzoom, “Creating a Residential Sublease Agreement with Landlord Consent.”, Rocket Lawyer, “Make a Sublease Contract.”, Rocket Lawyer, “Sublease Agreement Draft Form.”, Flip, “How to Sublet Legally in Alabama.”, State of Alaska Department of Law, “The Alaska Landlord & Tenant Act:  What It Means to You.”, California Department of Housing and Community Development, “California Tenants:  A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.”. Before accepting a lease, it is best for the tenant to accept the credentials of the sub-lessee through a Rental Application, collect a fee (usually between $25 to $50), and see if they qualify. After signing the “Landlord’s Signature” line and attaching his or her signature “Date,” the Property Owner or Landlord should also furnish the “Print Name” line with his or her name. Step 16 – Verify The Landlord’s Approval Level For This Sublet. Finally, there may be situations in which a tenant is the only person their friend or family member can stay with, and the tenant may need to sublease the rental unit to the friend/family member in order for them to stay long-term. Any provisions in a master lease that prohibit subleasing are void in New York. This involves the tenant figuring out how much to charge the new tenant, or “sub-lessee”. Tenants, just like landlords, aren’t allowed to discriminate against someone who might want to sublease their rental unit. We include some of the most commonly required disclosures by state in the chart below. Current and prior landlord contact information, Creating different credit score requirements for different subtenants, Using different income or employment requirements for different subtenants, Using a different application form for different subtenants (if a rental application form is used). The third article will also seek specific instructions on how the Sublessee must submit the rent payment. Create a high quality document online now! So the subtenant knows if they’re allowed to park on the premises, whether they have their own assigned parking space, or will owe parking fees. Rental Agreement attached to this agreement, undertaking all obligations of the tenant. She isn’t using the third bedroom and decides to rent it out to someone. Transferring or assigning the agreement– if a tenant transfers or assigns the agreement, they are inviting someone to be added or take over the agreement. The security the Sublessee surrenders to the Sublessor will be returned if no such damages or rent defaults occur. In addition, state and local governments may add their own protected classes to the federal list above. Many states do not address subleasing in their state-level laws and leave this up to counties, municipalities, or local landlords to address in a rental agreement. A few states limit the amount of rent the subtenant can pay, and typically rent cannot be more than what the tenant currently pays for the rental unit. In the third article of this agreement, “III. Subtenants should do their homework on the rental community, understand the master lease agreement’s provisions, and at least meet with the tenant they’ll be renting from/view the rental unit prior to agreeing to sublease. Approving or Denying the Sublease Agreement. Rental Insurance Information (if required). Tenants must be informed if the rental unit was used in the production of methamphetamines. In Alaska, subtenants are required to submit a written sublease “offer request” to the landlord (not the tenant who wants to sublease) that includes the following information: In California and Delaware, tenants are not allowed to sublease unless the rental agreement specifically allows them to do so, or the landlord can terminate their lease. 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