Sublet Agreements
Subletting involves a tenant renting out the property to another person, known as the sublessee. Before you sublet your property, you need to your landlord's consent. Usually, the landlord can't refuse to let you sublet the premises without a good reason. A sublet agreement provides you with legal protection.
Parties
A sublet agreement has to be signed by several parties. You, as the tenant currently in possession of the premises have to sign it, along with other tenants, if possible. Your co-tenants usually can't refuse to allow you to sublease unless you and your co-tenants have a previous agreement that prohibits subletting. The person who wants to sublet the property also has to sign the sublet agreement.
Liability
Even though the sublet agreement details the sublessee's rights and responsibilities, you, as the original tenant, still remain liable to your landlord even if the sublessee fails to meet his obligations as outlined by the sublet agreement. This means that if the sublessee doesn't pay rent or damages the premises, your landlord can hold you responsible. Before you sign the sublet agreement, you may want to check your sublessee's references to find out more about his history.
Payments
The sublet agreement usually details the amount of rent and security deposit. The amount of security deposit varies depending on the particular case, but you can usually ask for the equivalent of one month's rent. At the end of the subletting period, you have to return the deposit, minus any deductions, within a period as set by your local laws. You may also want to transfer utility bills to your sublessee to avoid the risk of being responsible for your sublessee's unpaid utilities.
Checklist
The sublet agreement may include an inventory checklist detailing the condition of the premises and your household items. You can go through the property with your sublessee, noting any existing damages. You and the sublessee should sign and date the list. Keep a copy of the list and give the sublessee another copy. You can also take photographs or videos of the property. At the end of the subletting period, you can use these documents as proof in case you need to withhold the deposit for damages or cleaning.
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