Subletting
A Sublettor's Checklist
If you sublet, consider the following:
1. Landlord Permission
Tenants with leases can sublet or assign without the landlord's permission unless the lease says otherwise. You will need to check your lease to see if the landlord's permission is required. If you sublet withoutthe landlord's permission and permission is required in the written lease, the landlord can evict the sublessees and hold the sublessor (you) liable for remaining rent payments and damages.
2. Landlord Sublet Procedures
Some landlords have specific procedures which you must follow in order to sublet. Some landlords require that you to advertise and show the apartment, forwarding interested parties to their office for approval. If you are unable to show the apartment, some landlords are willing to show the apartments. This option will probably cost you more due to subletting fees. The sublessor can be required to pay for the actual costs of ads and time spent showing the apartment. If a flat fee is required, ask the landlord to break down the fees, so you know that you are not paying beyond the actual costs.
3. Roommate Permission
If you have roommates, finding an acceptable sublessee may become an issue. Make sure that your roommates meet the potential sublessee. Remind your roommates that they are jointly and severally liable, so if you do not find a sublessee and do not pay rent, the landlord may try to collect from the other roommates.
4. Check out the Possible Sublessee
You will want to screen the potential sublessees carefully, because you will be ultimately responsible for the rental terms of your agreement. You will want to be assured that the sublessee you have found is able to pay the rent and has not had problems with past rental situations. You may ask potential renters for landlord references to find out if they paid their rent on time, and if they had extensive damages in their previous apartments. A landlord may also decide to screen the potential sublessees themselves.
5. Security Deposits
Because you will be ultimately responsible in a sublet arrangement, you will want to collect a security deposit from the sublessee if at all possible. In the event that the landlord sues the sublessee and/or you, you will at least have some of the sublessee's money. When you collect the security deposit, you can keep it yourself, and/or you can arrange with the landlord for the security deposit you paid to be returned directly to the sublessee. In some cases, the landlord may charge sublessees a security deposit while trying to keep the original tenant's security deposit. In the City of Madison and Fitchburg, this charge is unacceptable because the security deposit cannot exceed one month's rent. Outside the City of Madison and Fitchburg, landlords may charge a sublessee any amount for a security deposit. The landlord is required to return the sublessor's deposit within 21 days after the sublessee moves out; consequently if the sublessee pays you directly, you will have to return their deposit within 21 days after the sublessee moves out.
6. Sublet Agreements
The single most important step in subletting is the use of a written sublet agreement. List all terms of the sublet clearly, adding any particular conditions of the sublet. Some circumstances which you may want to consider are:
- Will there be furniture left in the apartment and who is responsible if there are damages? Will there be a separate security deposit required? (You will need to list all furniture and its condition when you leave.)
- Will the sublessor be moving back into the apartment,and when and how will that transfer take place?
- Will the sublessee be taking care of any responsibilities of the sublessor while the sublessor is away? (Fish, plants, etc.)
- Is there a parking space provided?
- Will the sublessor retain keys to the apartment?
- Who will clean the apartment at the end of the lease? Who will pay the cleaning costs if there are charges to the security deposit?
7. Check-in
It is wise to have your sublessee complete a check-in form when the sublessee moves in to document the condition of the apartmentin case of problems. All tenants must be given at least 7 days after moving in to complete the check-in form. One of the most important steps one can take as a renter is to complete a check-in form carefully. Have your sublessee note all problems with the apartment on the form. Then have the sublessee make a copy of the completed form for themselves. You will also want a copy. Give the original to the landlord within several days of moving.
8. Check-out
Make an appointment to check out with your landlord before the new sublessee moves in. If the landlord fails to show up for a scheduled appointment, you still need to fillout a check-out form. Make sure you have a witness with you who does not live in the apartment and is not related to you. Fill out the check-outform thoroughly and have your witness sign the completed form. Take photographs of the apartment if you believe that you may have difficulty getting your deposit back. Next, you should inform your landlord in writing that you completed your own check-out form. Most importantly, you need to write your forwarding addresss on the sublet form so that your security deposit will be returned to the proper address. Make a copy of the completed check-out form for yourself and give the original to the landlord.
9. Break Your Lease
You can always break your lease instead of subletting. If you do not have a renter to take over the rent payments, the landlord is required to mitigate damages before collecting rent from you. Mitigate means to make all reasonable efforts to re-rent the apartment including putting signs in the window and yard, showing the apartment to possible renters and placing ads in the newspapers. You will have to pay the landlord or these actions. If a landlord cannot re-rent the apartment, a tenant may be sued by the landlord for rent due under the rental agreement.
One way to make sure that the landlord is making efforts is to have a friend call to ask about available apartments. Also, you may want to go by the apartment to make sure that another tenant has not moved in. Check and see if the curtains are up, if there is a different name on the mailbox, or if there are lights on in the apartment at night. You will want to take a witness back if you find any one living there. Inform the landlord immediately in writing that someone else is living in the apartment and that your obligations to the landlord have ended.
Disclaimer
No part of this webpage should be regarded as legal advice or considered a replacement for a landlord's or tenant's responsibility to be familiar with the law. If legal assistance is required, the services of a housing attorney should be sought.