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Several states have
laws protecting the tenant, sublet and landlord. Most don't. DO NOT SUBLET
WITHOUT WRITTEN PERMISSION FROM THE LANDLORD.
DO NOT sublet your
apartment for longer then the term of your lease or under different terms. For
example, if you have three months left on your lease, do not agree to sublet it
for 5 months. If it is a month to month lease - that should be spelled out in
the lease agreement. If you are the one who is looking for a sublet, ask to
see the signed lease agreement between the landlord and tenant whom you will
be making payments. Verify with the landlord that you have permission to
sublet.
See the State by
State Guide to Landlord Tenant Laws on RentLaw.com for more information.
See Guide to New York Sublet Laws
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The landlord may
decide to permit a sublet if the existing tenant is current and has been a
"good" tenant and the reason is reasonable. The Landlord should
generally always keep the original tenant responsible for the terms of the lease
- payments damages etc. DO NOT return the original security deposit UNLESS state
law indicates you must to the original tenant. Use caution here.
If you are the
landlord, you may decide it would be easier to just sign a NEW lease with the
person who was going to sublet and relieve the original tenant of any
obligations - as long as you as the landlord doesn't lose any money. If so, the
tenant who is leaving should be responsible for any shortfall. THIS IS GENERALLY
PROVIDED for in State Law. In general as follows:
IF a tenant vacates a
premises prior to the term of the lease, the tenant must notify the landlord of
their intent and BOTH TENANT and LANDLORD have to make an honest attempt at
finding a replacement tenant. This means that the landlord must market the
property and should do so via contacting local real estate agents, placing ads
in the paper etc. IF a new tenant is found to replace the old tenant, the
tenant who is breaking the lease is responsible for the difference in rent
between the two for term remaining on the lease PLUS any reasonable costs to
rerent (advertising costs). An example here is where the tenant left/broke the
lease with three months remaining on a $1,000 per month lease. If no replacement
tenant is found, the tenant is liable for $3,000 in rent (3 months x $1,000). If
a new tenant is found immediately, the only charges to assess may be the costs
to rerent (advertising costs). If it took half a month then the charges
would be prorated. In general, a landlord CANNOT collect "double rent"
on a single unit.
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