Why You Should Not Sublet

Subleasing might be a good option if you run into a situation where you need to move before your lease is up, but you should be aware that a few legal problems can potentially arise. Although, subleasing, or subletting, allows the current tenant to lease the property to another person, rather than having the subtenant lease directly with the landlord.

However, as the original tenant, you need to be careful there are a number of legal problems that commonly occur in subleasing situations.

Subletting Might Not be Accepted and Stated in Your Lease
Some rental agreements include a clause that does not permit the renter's ability to sublet or allow guests to stay for an extended period of time without receiving the landlord's approval.  If you are considering subletting make sure that you review your agreement or talk to your landlord specifically about your situation before you sublet, otherwise you could be breaking your lease.

Subletting Might Not be Legal Where You Live
Prior to getting too invested in the idea of subletting, you may want to make sure that it is even legal to sublet in your area. Some states do not allow subleases under certain conditions. For example, it is illegal to rent out an apartment, room, or single-family home for less than 30 days in New York, if you aren't living there.

Concerns Regarding Your Security Deposit
You may want to ask the subtenant to pay a security deposit in case they damage the property. Having a bad subtenant is risky as it could cause you to lose your own security deposit with the landlord. This is one of the many reasons why you should be upfront and honest with your landlord about your situation.

Your Subtenant Could Damage the Property
When considering subletting the unit or house that you are renting it is important that you remember as the original tenant you are responsible for both the rent and any damage occurred. This means that if the subtenant doesn't pay, the original tenant (you) will likely be held liable if the subtenant damages the rental property and doesn't fix it.


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