![]() ![]() ![]() When a lease takeover occurs, the original tenant is released of responsibilities related to the lease when the new tenant signs. In a lease takeover, the new party takes over the terms of the lease, including rent, security deposit, and administrative fees, in exchange for being the listed party on the lease agreement. In a sublet, the tenant acts as a middleman between the subletter and the landlord, though these rules are sometimes flexible when signing the sublet agreement, and may depend on the subletting terms stated on the tenant’s lease (more on that legalese below).Ī lease takeover and a sublet, while they often may happen as a result of the same circumstances, are very different. They are not responsible for any security deposits or administrative fees required by a landlord in the lease agreement, unless stipulated in the subletter agreement.Ī renter may go directly to their landlord for maintenance or rent payment, but a subletter does not. But a subletter only owes the agreed upon rent to the tenant–which may be lower or higher than the rent stipulated in their lease terms. All security deposits, rent, and administrative costs are owed by a renter. The key distinction between subletting and renting lies in financial responsibility. If a subletter causes damage to the unit that dips into the security deposit, the tenant will lose the money–not the subletter. That also means the subletter is not responsible for the maintenance agreed to in the lease, unless stipulated in their subletter agreement. Some landlords will accept terms that allow the subletter to pay them directly, but standard agreements requires the tenant to pay rent directly. But if a tenant doesn’t pay rent to their landlord, they absolutely can be. If a subletter doesn’t pay rent, they can’t be evicted. Overall, this means the renter is financially responsible if the subletter doesn’t pay rent, as they’re still expected to pay it. While a subletter will still pay rent, that money must go through the renter (unless agreed upon otherwise with the landlord). One of the key parts of this is how rent is paid. You can find a basic template for a subletting agreement online, but even more customized agreements will echo the same ideas: when you’re a subletter, you don’t have the same rights (or the same responsibilities) as a tenant. ![]() When entering a sublet agreement, you should have exactly that: a written, signed agreement between the tenant and the subletter. ![]() In other words, a sublet allows someone to lease a space through an existing tenant instead of directly through a landlord, in which the renter functions as a middleman. The legal definition of subletting describes it as being a subtenant to an existing tenant or renter. If you’ve ever found yourself paying rent for a month despite spending the entire month not in your apartment, you probably should’ve sublet it. Whether you’re looking to sublet your apartment for the first time, or need a brush-up on the legal side, we’re here to help with a comprehensive guide to subletting, covering everything from definitions to how you should find a good subletting candidate. Knowing what this means–and how it’s different from renting or holding a lease takeover–can save you not only from embarrassment, but from legal implications that can result in huge costs, lost landlord references, and even eviction. There’s plenty of renting jargon to confuse new and seasoned renters alike, and one word in particular can stump even the most experienced renter: subletting. For specific recommendations and legal review, call a lawyer. We’ve got great tips for subletting, but we’re no replacement for professional legal counsel. ![]()
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