New Jersey law requires tenants to obtain written consent from their landlord before subleasing. This is a crucial step because, without permission, subletting is generally not allowed.
A sublease is a lease by the lessee of an estate to a third person, conveying all or part of the estate for a shorter term than that for which the lessee holds originally. A sublease is a new contract between the lessee and the sublessee. The original lessee turns into a sublessor in this new contract.
In order for the original tenant to sublet, they must receive written approval from the landlord at least thirty days before the start of the sublet period. The lessor also needs written consent from the subtenant. Some landlords may require the new tenant to officially apply to the apartment.
In a sub-letting arrangement, the tenant can rent part or all the property to another person. The tenant remains the landlord's tenant and is still responsible for the tenancy, including the actions of the sub-tenant.
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.
If your landlord is on board, there are some additional steps you should take to protect yourself: Screen your subtenant. Don't just take the word of a friend or relative on this person being wonderful. Sign a subletting agreement. Get a security deposit.
Subletting your apartment without informing your landlord is generally not advisable and may violate your lease agreement. Most lease agreements require tenants to obtain permission from the landlord before subletting. If you sublet without notifying your landlord, you could face consequences such as:
For example, if a tenant is renting an apartment in Chicago with a 12-month lease and, during month four, that tenant receives a job offer in Boston, the tenant may decide to sublease the apartment to another tenant for the remaining eight months.
Writing Your Sublease State the name of the parties and the date of the contract. Identify the property. Provide the term of the sublease. State the rent schedule and amount. Include a section on the security deposit. Sign and date the contract. Deliver the contract to your landlord.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.