Your best bet for making it an agreeable process for all is to inform and even involve your landlord from the start. Explain why you want to sublet, for how long, and what you will look for in a sublessee. You may even want to consult your landlord for advice on picking a good tenant, or ask if he/she knows of any good prospects. [1] X Research source If your landlord is not on board with the idea, be prepared by brushing up on your tenant rights in your jurisdiction.
Think of yourself as a landlord (or “sublandlord”). Your money is on the line based upon the person you choose to occupy the apartment, so do your due diligence in the selection process.
Placing ads in the local newspaper may seem old-fashioned but can still be a viable option, especially when combined with a presence on the paper’s website. Popular social media, peer-to-peer transaction, and sublease-specific sites can be effective avenues, especially when seeking a younger clientele. Refer to this linked wikiHow article for some location-specific yet generally-useful tips. In college towns, the school’s housing office may be able to provide information and assistance. [2] X Research source Putting up fliers in strategic spots around campus can still work as well.
If you don’t want to go as far as letting them approve of the sublet or the candidate, at least make them feel heard and involved in the process. They may have good leads on prospective candidates as well, so ask. [3] X Research source
Your landlord likely required some combination of a credit check, questionnaire on your finances, references, and perhaps even a full background check. It may seem like overkill to take these steps for a sublet, but they certainly can help weed out problematic prospects. [4] X Research source Even if the potential sublessee is an acquaintance, risk a bit of awkwardness and request important background information as you would a stranger. Akin to borrowing money from friends or family, keeping the process at a “strictly business” level will probably pay off. If you want to have a full background check done, you should probably offer to pay for it. You might want to ask your landlord for advice on the process as well, as he/she likely has ample experience.
You can keep the interview more informal if desired, but still find ways to ask questions like: Why are you seeking a temporary living space? What kind of job do you have, and how much income do you take in? Do you have a significant other, kids, or pets that would be in the apartment regularly? Do you like to host parties or other gatherings?[5] X Research source During the walk-through, be specific on the condition of the apartment, and especially possible problem areas. As a lessee, you will be ultimately responsible for damage done by your sublessee, so take pictures and be clear that you expect the apartment to remain in the same condition as you will leave it. [6] X Research source
Generally speaking, in the U. S. your landlord cannot deny you the ability to sublet, but can reject a sublessee for reasonable cause. For instance, joblessness would be a reasonable criteria, while skin color would be unreasonable. Regardless of where you live, it is safe to assume that you will need your landlord’s written consent in order to legally sublet your apartment. Skipping this step may put you at risk for eviction. Please note: the steps in this section build off of How to Write a Sublease Contract, which is highly recommended for both legal and practical advice.
Remember that, as the lessee, you will be ultimately responsible for damages or unpaid rent by your sublessee, so requiring a security deposit provides you with some insurance. Your ability to collect a security deposit from a sublessee can vary depending upon where you live, as can the amount you can require and whether you or the landlord can hold the money. Again, it is wise to consult the laws for renters in your jurisdiction.
The monthly rent to be paid is a negotiation between you and the sublessee, just as the rent you pay was a negotiation between you and the landlord. You will have to decide whether you want the subtenant to pay you directly while you continue to pay the full monthly rent to the landlord, or have the subtenant pay the landlord directly while you cover any remaining amount (if the subtenant is paying below 100%). Remember that you are ultimately responsible for unpaid rents to the landlord, so consider your options carefully. Don’t forget about utilities as well. For a short-term sublease, you probably won’t go through the trouble of switching over the utilities to the subtenant’s name, so the responsibility for paying utilities (if not included in your rent) will remain yours. You can and should factor in your payment of these charges when you determine how much the subtenant pays in rent each month. [9] X Research source
Here, as elsewhere, you want to be sure to put the specifics in writing, in a legally-binding contract. See the next section for more on that part of the process.
To be safe, you may want to have an attorney look over your contract before signing. This will cost some money, but will be cheaper than having an attorney draw up the document (and much cheaper than getting tied up in a legal mess due to a faulty contract). For more detailed information, see How to Write a Sublease Contract.
Explicitly detail how much the sublessee will pay each month; where the payment should go; when the payment is due; any penalties for late payments; your payment responsibilities (if the subtenant is not paying 100% of the rent); any security deposit due and terms for recovery; and other such particulars. Refer to the template below for further information.
If you are not personally delivering the contract to your landlord to sign, you may want to send it via certified mail with a return receipt, which proves delivery has been made.
