There’s a list of reasons why a renter may need to sublet an apartment, such as long travel for work or going home for the summer after a grueling spring semester. Situations vary but now that you find yourself suddenly having to move, you need to figure out what to do about your current apartment. Breaking the lease is an option, but you will sacrifice your security deposit. Fortunately, subletting is also an option in which you will keep your tenancy.
So how does subletting an apartment work exactly? Let’s comb through the details one step at a time.
First Off, Know How Subletting Works
Before we dive head-first into the subletting process, understanding the terminology is a good start.
- Lessor: A landlord or apartment manager who owns the apartment.
- Lessee: The tenant (you) who rents the home from the lessor, and then sublets it to another tenant.
- Sublessee: An individual who rents the home from the lessee. He or she will typically pay rent to the lessee unless otherwise stated in the contract. Also called a subtenant.
As the lessee, subletting your apartment means you’re responsible for making sure the rent from your sublessee gets paid on time, and you’ll hold them accountable for any missing or back rent, unpaid utilities, etc. The lessee still has obligations to the landlord, and they will come back to the lessee for any missing payments. Be sure you write up a formal agreement between you and the sublessee, so they’re aware of what you expect from them while living in your home.
Get Your Landlord's Consent
Before you go to social media, or post an ad about a subletting opportunity online, make sure you have the landlord’s consent to sublet your apartment. The approval really should be written because it holds up in court better than verbal agreements (which can be messy!). Unsure if subletting is allowed where you live? Re-read your lease.
If there is no clause prohibiting it, you can assume it’s allowed – but confirming so and getting a letter of approval is your best bet to not step on any toes. A letter of request is a good way to begin the conversation. Copy and paste our request for subletting template below into a Word document if you’re going to sublet your rental.
*****
[Your Name] [Street Address and Apartment Number] [City/State/Zip] Phone: [Your Phone Number] Email: [Your Email Address]
[Today’s Date]
[Apartment Community Name] [Property Manager Name] [Street Address] [City/State/Zip]
Dear [Landlord’s Name],
Please accept this letter as my formal request to sublease my apartment, since I must temporarily relocate for [number] [days/weeks/months] because of [reason you’re leaving]. Once I have received your letter of response, I will share with you who I think is a suitable candidate for the sublet. Should I be denied my request, I will follow up with how I choose to end my lease.
I understand that I will be held responsible for the original responsibilities and obligations of my agreement we signed on [date of lease signing]. I look forward to hearing from you soon regarding my request, and will gladly send over any additional information you may need. Thank you.
My temporary forwarding address will be: [Your New Street Address, Apartment Number] [City/State/Zip]
Sincerely,
[Your Signature]
[Your Full Name]
*****
Understand the Difference of Lease Assignment vs. Sublet
Say, for instance, that your landlord came back and denied your request to sublet but countered with lease assignment. This entails the tenant to transfer the apartment to someone else (assignee) for the remainder of the original contract. Unless the landlord states otherwise, you can transfer the leasehold interest to whomever but will lose rights to the property all together. You won’t be allowed to use the community amenities, and may need to relinquish your key fob to the garage, fitness center, and swimming pool.
Although the assignee will pay the landlord, you may not be completely off-the-hook when it comes to rent. You could remain responsible if your assignee defaults on payments, so use extra care when assigning someone to your apartment home.
Some Tips for Your Request for Subletting Letter:
1. Keep it simple, to-the-point, and polite. It’s simply a letter seeking your landlord’s permission to sublet the home while you’re away.
2. Include your forwarding address within the letter, as well as your email and phone number.
3. Make sure you request a written letter of response – email works, too.
4. Follow up with the landlord when you have found a sublessee.
Truth is, subletting is a great option for when you have to temporarily relocate. Depending on the demand in your area, you could even profit from stand-in you. When picking out the new you, try to keep the pool of applicants small. Though, the most important piece of advice is always get written approval from your landlord or property manager first before finding a sublessee. If you receive written approval, check out these great websites where you can list your place or find a sublet.
Published November 2, 2018
