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.
Subletting isn't illegal in Texas, but you can't sublet without getting consent from the landlord. Check your original lease to determine if there's a right to sublease. If that's not included, you may ask the landlord specifically, though they have the right to say no.
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.
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.
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.
Your Step-by-Step Guide to Subletting in California Read Your Lease Carefully. Obtain Pre-Approval to Sublet. Find and Screen a Subletter. Send a Written Request for Approval. Wait Patiently (but Not Too Patiently). Collect and Store Security Deposit and Rent. Enjoy Your Freedom. Subletting Laws in California.
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.
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.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.