(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
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.
Subletting is risky. It comes with the same risks as taking on a roommate, except both people won't be there to deal with problems as they arise. If a tenant's subletter skips town or damages the apartment, the tenant is jointly and severally liable with them and could get stuck with the bill.
While the terms "subletting" and "subleasing" are often used interchangeably, there is a critical difference between the two. In a sublet, the new tenant has a contract directly with the landlord while in a sublease, the new tenant has a contract with the original tenant and no contract with the landlord.
Remember when subletting that you are responsible for the monthly payments until your lease expires as the original tenant with a legally binding lease agreement in place. With this in mind, make sure that the arrangements you put in place—whether an assignment or you're subletting—are legally sound.
There are some things to consider to protect your interests if you will be subleasing someone's property. Research the lessee. Check with the landlord about the lessee's account history. Include a mandatory notification clause. Consider a direct relationship with the landlord. Ask for a copy of the master record.
A lease is a rental contract between a landlord and a tenant, whereas a sublease is a contract between a tenant and a sub-tenant who has assumed obligations of the tenant's lease.
The cons of sub leasing for sublessees Your sublease terms include the rights to recover costs and damages. You understand your rights and obligations when it comes to sublessor default. The rent you're paying is finding its way to the landlord's pocket.
You might be committing a criminal offence if you sublet your home when you're not allowed to. You can check if you're allowed to sublet your home. Local authorities can get information to help them investigate and prosecute unlawful subletting offences - even if they aren't your landlord.