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.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
Sublet Websites: Utilize online platforms dedicated to sublets, such as June Homes, Leasebreak, Gypsy Housing, Sublet, and SpareRoom. Local Newspapers and Community Boards: Check sublet listings in local newspapers, community boards, or online marketplaces.