A sublease is a secondary lease wherein the tenant(s) on the primary lease agree to designate a small portion of the whole lease to a secondary tenant or tenants. A sublease can be for the beginning of a primary lease, end of a primary lease or have start and end points within the primary lease.
Sometimes, a sublease is for the entire apartment, other times, it's for only part of the unit.
Are subleases allowed?
A sublease might sound like a great way to make a little extra cash or fill empty space in your rental, but is it even legal? It depends on the terms of your lease. In many cases, your lease will outline specific guidelines around occupancy — who can live in the unit, who is considered a "guest" and how long a "guest" is permitted.
In this same vein, it will probably address the topic of subleasing. If your lease doesn't explicitly prohibit subleasing, it's usually allowed. If you're in doubt, you can always contact your landlord or the property owner to be 100 percent certain.
Why would someone want to sublease their apartment?
There are many different reasons one would choose to sublease their apartment. Whether for financial or convenience purposes, here are a few of the most common reasons for subleasing:
- To move before your lease is officially over
- To take temporary work or education opportunities away from your rental
- To make extra income from free space
Differences between a sublease and a short-term lease
In many ways, a sublease can serve a similar purpose to a short term lease for both primary tenants and subletting tenants. However, a short-term lease is a very different type of agreement.
When you sublease your rental, you're still responsible for paying the rent each month — even if your sublet tenants don't pay you. A short-term lease is a direct agreement between the renters and the property owners.
Additional resources
- When it Makes Sense to Sign a Month-to-Month Lease
- How to Write a Sublease Agreement
- Sample Letter: Requesting Permission to Sublease
- What is a Short-Term Lease?
- How Short-Term Leases Help During House Shopping
The information contained in this article is for educational purposes only and does not, and is not intended to, constitute legal or financial advice. Readers are encouraged to seek professional financial or legal advice as they may deem it necessary.
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