Subleasing and subletting are two terms that are often used interchangeably in the world of renting, but they actually have different meanings. In this article, we’ll explore the differences between subleasing and subletting and help you understand which option may be right for you.
What is subleasing?
Subleasing occurs when a tenant who is currently renting a property from a landlord decides to rent out the property to another person, known as the subtenant. The subtenant pays rent to the original tenant, who in turn pays rent to the landlord. The original tenant is still responsible for the terms of their lease with the landlord, including paying rent and maintaining the property.
What is subletting?
Subletting is similar to subleasing in that it involves a tenant renting out a property to another person. However, there is one key difference: the tenant who is subletting the property is not responsible for the terms of their lease with the landlord. Instead, the subtenant enters into a new lease agreement directly with the landlord. Let’s get the basics out of the way. Put simply, to sublet means to rent out the room or apartment that you’re currently renting to another person. That person (the sublessee) essentially takes over the remainder of your lease and agrees to pay you (the sublettor) for all bills and payments moving forward. To sublet can also mean that you personally rent out someone else’s room, but we’re going to walk you through what it means to sublet your own room or apartment.
Let’s say you’ve signed a 1-year lease and, with 6 months left, suddenly find that you need to move out of the state or to a new city for a job or personal reasons. Breaking your lease is one option, but it can be costly for myriad reasons. That’s where subletting comes in. Renting your apartment to someone else for those 6 months is a great alternative and one that can save you a bundle of money.
Which option is right for you?
eciding whether to sublease or sublet a property depends on your specific circumstances. If you’re a tenant who needs to leave your rental property temporarily but plans to return, subleasing may be the best option for you. This allows you to keep your lease with the landlord while still offsetting the cost of rent. However, it’s important to note that subleasing may not be allowed under your lease agreement, so it’s essential to review your contract carefully.
If you’re a landlord and your tenant wants to sublease, it’s important to review your lease agreement to determine whether subleasing is permitted. You may also want to consider requiring the subtenant to submit a rental application and undergo a background check to ensure they’re a reliable tenant.
On the other hand, if you’re a tenant who needs to leave your rental property permanently, subletting may be a better option. This allows you to transfer your lease to the subtenant and remove yourself from any obligations to the landlord.
5 steps to sublet or sublease your apartment
If you’re considering subletting or subleasing your apartment, here are five steps you should take:
- Review your lease and speak to your landlord
The first step is to review your lease agreement to determine whether subletting or subleasing is allowed. Some landlords do not allow either option, while others may require written permission before you can proceed.
- Find a subtenant
Once you have permission to sublet or sublease, the next step is to find a subtenant. You can advertise your apartment on various platforms, such as social media, online classifieds, and word-of-mouth.
- Screen potential subtenants
Before choosing a subtenant, it’s essential to screen potential candidates. Interview all candidates and get a feel for who they are. You may even want to ask for references or proof of employment if entering into a subleasing agreement where you are still responsible for the rent payments to the landlord.
- Sign a sublet/sublease agreement:
Once you’ve found a suitable subtenant, it’s time to sign a sublet/sublease agreement. This document should outline the terms of the agreement, including the rent amount, the duration of the sublet/sublease, and any other conditions.
- Notify your landlord:
Finally, it’s important to notify your landlord about the sublet/sublease agreement. You should provide them with a copy of the signed agreement and ensure that the subtenant is aware of their responsibilities under the lease agreement.
By following these five steps, you can sublet or sublease your apartment in a legal and responsible manner. Remember to always review your lease agreement carefully and seek permission from your landlord before proceeding with either option.
Before you go
Once you and the sublessee have agreed to the conditions of your sublet, here are a few things to remember to do before your move.
- Choose a move-in/move-out date that works for both of you
- Make a copy of your key or give your own to your sublessee
- Determine how you will receive payment for rent and utilities (Venmo, Apple Pay, etc.)
Frequently asked questions
Subletting involves renting out your apartment to someone else for a period of time while you are still responsible for the lease. Subleasing is similar, but you transfer the lease to the subtenant for the duration of their stay.
No, you should always seek permission from your landlord before subletting or subleasing your apartment. Failure to do so can result in legal action and even eviction.
It’s important to screen potential subtenants by checking their credit history, rental history, employment status, and conducting a background check to ensure they have no criminal history.
The agreement should include the rent amount, the duration of the sublet/sublease, and any other conditions. It should also outline the responsibilities of the subtenant, including their obligation to adhere to the terms of the original lease agreement.
It depends on the terms of your lease agreement and local rental laws. In some cases, you may be able to charge more than you pay for rent, but in other cases, you may not be allowed to charge more than the original rent amount.
If the subtenant damages the apartment, you may be held responsible and could face legal action. It’s important to include provisions in the sublet/sublease agreement that outline the responsibilities of the subtenant in maintaining and repairing the apartment.
It depends on the terms of the sublet/sublease agreement. In most cases, you will need to provide written notice to the subtenant and seek their agreement to end the agreement early. You may also be required to pay any fees or penalties outlined in the original lease agreement.
If your landlord denies your request to sublet or sublease, you may need to seek legal advice or negotiate with your landlord to reach a compromise. It’s important to remember that you are legally bound by the terms of your lease agreement and may face consequences for violating these terms.
Final thoughts
Subleasing and subletting are two options for tenants who need to rent out their rental property to another person. Understanding the differences between these two options can help you make an informed decision about which option is right for you. Remember to review your lease agreement carefully before deciding to sublease or sublet and consider working with a professional property management company to ensure a smooth rental process.
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