When Tenants want to Sublease

By E-Renter Tenant Screening
Posted on November 23, 2009 under Landlord and Tenant FAQs | Be the First to Comment

Sometimes a tenant needs to move before the lease is up. In a good rental market, a landlord can find a new tenant without much time or effort. When there are more tenants than rental units, landlords have the luxury of choice regarding allowing tenants to sublet.

However, when the rental market has excess inventory and filling vacancies is more difficult, a tenant who wishes to sublease to another person could be doing the landlord a favor. Certainly, the hassles of advertising and showing the rental unit are eliminated—but there are plenty of issues to consider before allowing a sublease.

In a sublease situation, the tenant who wishes to move without breaking his or her rental agreement “leases the lease” to someone else, who agrees to uphold the terms of the agreement. The original signer is still responsible for the lease, and the landlord must approve the arrangement.

But tenants don’t always seek landlord approval. If you’re receiving rent checks signed by Amy Doe for a unit that was leased to Jane Smith—you may have an unapproved sublease situation. You are under no obligation to accept Jane Smith’s sublease if you did not agree to it. Check with your legal advisor, but you may be able to start eviction proceedings in this case.

In this challenging rental market, it might be a good idea to offer Amy Doe a new lease—if she passes your tenant screening procedures first. It is entirely up to the landlord to decide whether to enter into the agreement or evict.