Sub-leasing your home or finding someone to assume your lease

Renting your Home to Someone Else

Subleasing your home may be another way to avoid an eviction, depending on the terms of your lease. When you sub lease to someone, that person (the sub lessee) moves into your home and pays the rent according to your lease agreement. However because the lease remains in effect until its term is up, if the sub lessee stops paying the rent, your landlord can hold you liable for the missed payments. Also the landlord can hold you responsible for any other violations to your lease, such as damages to the home.

Before you begin the sub lease process, read your lease to confirm that it allows sub leasing, and if it does, whether you must comply with any special requirements or conditions. For example, most leases require tenants to get upfront approval from their landlords before they sublet their homes.

If your lease doesn’t allow you to sublease, your landlord may allow it anyway. Especially if he/she can see that it will be the best way to receive their rent.

Putting a sublease in writing:

When you find someone to sublease to, prepare a written agreement. At minimum it should state the following:

  • The amount of rent the sub lessee must pay each month and the rent due date
  • The amount of any security deposit your landlord my require from the sub lessee
  • All other lease obligations of the sub lessee
  • The duration of the sub lessee agreement
  • The process that the sub lessee must follow if he/she wants to stop subleasing before your agreement is up
  • The consequences of breaking the agreement

Considering Similar Options:

Your lease may allow you to let someone assume it, which is a better alternative than subleasing because the person who assumes your lease becomes legally liable for it. In other words, give up all your interest in the lease. If the person who assumes your lease breaks the lease, your former landlord will hold you responsible for any money owed. Make sure that you are formally released from the lease when the other person assumes it.

Another alternative is for your landlord to give the new renter a totally new lease and allow you to terminate your own lease without having to pay any penalties.

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