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Q.What is a Sublease?
A.A sublease is a separate rental agreement between the original tenant and a new tenant who moves in temporarily (e.g., for the summer), or who moves in with the original tenant (e.g. to rent a room). The new tenant is called a subtenant.
With a sublease, the agreement between the original tenant and the landlord remains in force. The original tenant is still solely responsible for paying the rent to the landlord. Under a sublease agreement, the subtenant agrees to make payments to the tenant, not to the landlord.
Most rental agreements and leases contain a provision that prohibit tenants from subleasing. If your rental agreement or lease prohibit a sublease, you must get written permission from your landlord before you sublease the rental unit.
In any sublease situation, it is essential that both the tenant and the subtenant have a clear understanding of each person's obligations and that understanding should be reduced to a signed and dated writing. An agreement o sublease should set forth: (1) the amount f rent due, (2) the date the rent is due, (3) who is responsible for paying the utilities (typically, gas, electric, water, and telephone) and what percentage or amount, (4) the dates the sublease begins and ends, and (5) any conditions, restrictions, or rules.
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