Sublet
What Is a Sublet?
A sublet is the term for when a new tenant takes over the current tenant’s lease agreement. This new tenant moves into the unit and assumes rental payments under a new sublet agreement.
Unlike a sublease, where the main tenant and the sub-tenant have a legal relationship, a sublet is between the landlord and the new tenant and allows direct communication between the two parties.
Sublet vs. Rent
When would it be preferable to sublet an apartment versus signing a lease agreement as the primary renter? Here are some advantages of subletting over renting.
- Flexibility. Subletting can be more convenient for people who plan a short-term residency or move frequently.
- Savings. A lease requires more financial commitment, usually the first and last month’s rent and a security deposit. Subletting may cost less, especially if it is a short-term lease.
- Location. Signing a sublet agreement at short notice may allow a renter to find a home in a desirable location with few rental availabilities.
Sublet vs. Sublease
Although some people use the terms interchangeably, there are differences between a sublet and a sublease. Here is the main difference between a sublet vs. a sublease. The new renter signs a new lease with the landlord in a sublet, meaning the legal relationship is between the landlord and subtenant.
On the other hand, the main tenant leases the rental property to another tenant in a sublease agreement. The legal relationship is between the tenant and the subtenant.
Sublet Pros and Cons
Here are some advantages of subletting a home.
- The landlord has open communication with the subtenant. This relationship can make things easier for both the main tenant and the landlord.
- Subletting allows tenants the ability to end their lease agreement early or pause it for a while without incurring fees, hurting their credit score, or getting a bad reputation as a renter.
- In a sublet, the property is not left vacant, which can help maintain the safety and security of the home.
Some potential disadvantages of a sublet are:
- The new renter may not be as reliable as the first.
- The landlord needs to screen another candidate, which takes time and effort.
Is Subletting Legal?
The sublet laws can vary from state to state. For example, in some states, a tenant must make a written request to the landlord for a subtenant. The landlord then has a specific period to either confirm or deny the request. In states that have no subletting guidelines, the tenant must follow the rules of their lease agreement.
Sublet and sublease agreements provide the details renters need to know about what they can and cannot do to end or change their lease. Reading and understanding these details before signing a lease agreement will help you know how to break a lease legally.
Subletting and subleasing typically come up in residential lease agreements. However, these legal terms also can come into play with commercial lease transactions, including rentals of property, inventory, or equipment.
In a commercial lease, a recapture clause is a provision that gives a landlord the right to take possession of a property before the lease expires under specific conditions. Once again, these details would be spelled out in the lease agreement.
Helpful Resources:
Realtor.com - How Does Subleasing Work? How to Sublet and Not Get Burned
What Is a Sublet?
A sublet is the term for when a new tenant takes over the current tenant’s lease agreement. This new tenant moves into the unit and assumes rental payments under a new sublet agreement.
Unlike a sublease, where the main tenant and the sub-tenant have a legal relationship, a sublet is between the landlord and the new tenant and allows direct communication between the two parties.
Sublet vs. Rent
When would it be preferable to sublet an apartment versus signing a lease agreement as the primary renter? Here are some advantages of subletting over renting.
- Flexibility. Subletting can be more convenient for people who plan a short-term residency or move frequently.
- Savings. A lease requires more financial commitment, usually the first and last month’s rent and a security deposit. Subletting may cost less, especially if it is a short-term lease.
- Location. Signing a sublet agreement at short notice may allow a renter to find a home in a desirable location with few rental availabilities.
Sublet vs. Sublease
Although some people use the terms interchangeably, there are differences between a sublet and a sublease. Here is the main difference between a sublet vs. a sublease. The new renter signs a new lease with the landlord in a sublet, meaning the legal relationship is between the landlord and subtenant.
On the other hand, the main tenant leases the rental property to another tenant in a sublease agreement. The legal relationship is between the tenant and the subtenant.
Sublet Pros and Cons
Here are some advantages of subletting a home.
- The landlord has open communication with the subtenant. This relationship can make things easier for both the main tenant and the landlord.
- Subletting allows tenants the ability to end their lease agreement early or pause it for a while without incurring fees, hurting their credit score, or getting a bad reputation as a renter.
- In a sublet, the property is not left vacant, which can help maintain the safety and security of the home.
Some potential disadvantages of a sublet are:
- The new renter may not be as reliable as the first.
- The landlord needs to screen another candidate, which takes time and effort.
Is Subletting Legal?
The sublet laws can vary from state to state. For example, in some states, a tenant must make a written request to the landlord for a subtenant. The landlord then has a specific period to either confirm or deny the request. In states that have no subletting guidelines, the tenant must follow the rules of their lease agreement.
Sublet and sublease agreements provide the details renters need to know about what they can and cannot do to end or change their lease. Reading and understanding these details before signing a lease agreement will help you know how to break a lease legally.
Subletting and subleasing typically come up in residential lease agreements. However, these legal terms also can come into play with commercial lease transactions, including rentals of property, inventory, or equipment.
In a commercial lease, a recapture clause is a provision that gives a landlord the right to take possession of a property before the lease expires under specific conditions. Once again, these details would be spelled out in the lease agreement.
Helpful Resources:
Realtor.com - How Does Subleasing Work? How to Sublet and Not Get Burned