Here’s Everything You Need To Know About Apartment Subletting

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If you’re interested in taking a long vacation or time away from your apartment, you’ve probably considered subletting, or subleasing it for the short period of time. Or, maybe you are that person looking for a short-term accommodation.

Subletting seems pretty straightforward — the tenant gives the subletter keys and general house rules, the tenant leaves and returns, or the subletter takes over the lease. But you may not know that the process is…risky. Here are the major things you need to know before diving in:

If You’re Subletting Your Apartment To Someone Else

Know the risks: There are a number of risks to subletting, depending on your situation. Some landlords prohibit subletting in their leases, stating that breaking the rules could result in the eviction of everyone in the apartment. If you bypass your landlord and sublet anyway, know that you could be kicked out depending on the terms of your lease.

Also worth noting is that if your lease states that you cannot sublet and you do it anyway and your subletter destroys anything in the apartment, your lease does not protect you or require the subletter to cover the cost of damages. Even worse: since you’re still the main lease-holder, the subletter could decide not to pay rent if you don’t have a written agreement in place.

Draw up a contract: You don’t even need your lawyer friend to create a contract between you and the subletter (though it can’t hurt). You can make your own agreement using a number of free websites. Just make sure you design the contract to be as specific to your situation as possible. Include exact dates and special conditions of the subletter’s stay, and specify what the subletter can and cannot do, which may differ than what’s permitted in your own lease. This contract does not guarantee, however, that you will be properly compensated if your subletter does something wrong. Just know your rights and double-check your state’s renting policies.

Flickr / Premshree Pillai

If You’re Subletting Someone Else’s Apartment

Know your rights: When you sublet from someone else, you’re at risk for a number of unfortunate situations, including being kicked out by the tenant before your term is up, not getting your deposit back and more. Be aware of the rights you have and check your state’s renting policies to make sure you know what you can and cannot do if this situation arises.

Stay in the loop: No matter how much you think you know about the person you’re subletting from, verify that he or she informed the landlord of the subletting agreement. If it’s not clear that you’ll be there, you open yourself up to the risks we mentioned above, like being kicked out without notice (since you’re not supposed to be there). If you take the gamble on staying somewhere with an unsuspecting landlord, tread lightly.

Subletting is a big gray area of half-rules that you have to be wary of if you decide to sublet your apartment or sublet from someone else. The last thing you want to do in this situation is have your safety, finances or security of having a roof over your head compromised. Read up before going straight into an agreement — you’ll thank us later.