Allowing subletting can sometimes leave landlords feeling like they've lost control over their property. You may not have a direct say in who your tenants choose to sublease to. This situation becomes complex when the agreement is not specific about the terms of subleasing.
Start by noting the basic identifying information: List the date, property address, and tenant details. Proceed room by room: Document each item in every room, including its condition. Be thorough and include all elements like walls, floors, ceilings, fixtures, and any appliances or furniture.
If you sublet your apartment, you are still responsible for the lease. This means any damages or missed rent payments are your responsibility. Finding a reliable subtenant is crucial; be sure to screen carefully to avoid any complications like property damage that could leave you liable.
No tenant may sublet an apartment without the written consent of the landlord. If you did not consent to the sublease then it is not valid or enforceable. Your remedy is to terminate your tenant's lease, which will also terminate any subleases.
San Francisco, Oakland and Berkeley passed laws to protect renters in roommate/subletting situations. If you live in one of these cities, your landlord can neither deny you the right to nor evict you for replacing a roommate or subletting a room without their consent.
If the sublandlord defaults under the lease, the landlord can terminate the lease, which terminates the sublease and the subtenant's right to occupy the premises. This unfortunate result can occur regardless of whether subtenant has defaulted under the sublease.
The reason Landlords will not allow their tenants to sublet is because, by subletting you are altering the terms of the insurance policy the insurer accepted when they offered the landlord an insurance premium for coverage.
You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. However, you must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting.
Steps to Sublease an Apartment Review Your Lease Agreement. Get Permission from Your Landlord. Find a Suitable Subtenant. Draft a Sublease Agreement. Transfer Utilities and Services. Communication with Subtenant. Handling Issues. End of Sublease Period.