Subleasing can be a great way to earn extra income or save on rent, especially when you’re away for an extended period due to a summer internship or travel. However, not all lease agreements allow subleasing, so it’s important to ensure that your sublease is legal and legitimate to protect you and your sublessee. (We don’t recommend taking risks!)
Let us share two ways to make your sublease legal when you can’t write your own sublease agreement: 1) adding your sublessee as an additional roommate on the existing lease agreement or 2) using a lease takeover if there isn’t much time left on your lease.
Adding your sublessee as an additional roommate
Adding your sublessee as an additional roommate on the existing lease agreement is one way to make your sublease legal. This means that your sublessee becomes a co-tenant with you, and the landlord is aware of their presence in the apartment. In this scenario, the sublessee has the same rights and responsibilities as you do, and they are also legally bound by the lease agreement.
To add your sublessee as an additional roommate on the lease agreement, you will need to discuss this with your landlord and obtain their approval. The landlord may require that your sublessee go through the same screening process as you did when you first signed the lease. Once the landlord approves the addition of the sublessee, a new lease agreement can be drawn up to reflect the change. Note that there may be an additional charge from the property management for such background checks. In my case, it was $100, including the application fee.
Lease takeover
If you only have a short time left on your lease, a lease takeover may be a good option. In this scenario, you find someone to take over your lease entirely, and they become the new tenant of the apartment. This can be a good option if you are leaving the city or going away for an extended period of time.
To use a lease takeover, you will need to discuss this with your landlord and obtain their approval. The landlord may require that the new tenant go through the same screening process as you did when you first signed the lease. Once the landlord approves the lease takeover, you can draft a new lease agreement between the new tenant and the landlord, and you will be released from your lease obligations. Note that there may be a fee to process this. In my case, it was about a $50 fee to process the lease takeover.
State Law
The property owner could forbid a tenant to sublease the estate. However, some jurisdictions allow tenants to sublease in certain conditions despite the landlord’s prohibition. For example, in New York City, a tenant who lives in a building with four or more units may sublease regardless of any prohibition on the lease agreement. Check out our recent posting: Subleasing in New York!
In conclusion, to make your sublease legal, you can add your sublessee as an additional roommate on the existing lease agreement or use a lease takeover if there isn’t much time left on your lease. Both options require communication and approval from your landlord, and you should ensure that your sublease agreement reflects the legal requirements of your situation. By taking these steps, you can make sure that your sublease is legal and legitimate and avoid any potential legal issues that may arise. Please feel free to reach out to NewSublease.com if you can assist anything for you to find or share your sublease.
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