Do’s and Don’ts of Subletting Your Apartment

In general, subletting your apartment is a great way to save the cost of rent when you leave for a period of time–for example, to go on vacation or study abroad. However, subletting your apartment without considering the legal implications or local requirements can lead to a legal nightmare. At the Law Offices of Salar Atrizadeh, an attorney with knowledge and expertise in real property litigation and transactions can review applicable real property law with you and ensure that subletting your apartment is in your best interest
What Should I Do Before Subleasing My Apartment?

First, it is important to make sure that the area you live in allows for subletting and short-term leases. In some cities, such as New York City, it is illegal to rent for shorter than 30 days. California allows for subleases, unless a rental agreement specifically prohibits subleasing. To avoid future legal conflicts, make sure to check with your landlord to ensure the lease agreement allows for subleases. Additionally, it helps to consult an attorney who can review the law that applies in your area so you are aware of your rights and responsibilities under a sublease agreement. Even after you sublet your apartment, you are still responsible to your landlord for the property. For instance, if a subtenant causes damage to the property the landlord can initiate a lawsuit against you to collect a judgment for the cost of the damages. Therefore, it is in your best interest to make sure that the subtenant is a reliable tenant. As such, it is a good idea to ask for a security deposit. This way, if a subtenant does damage the property you have the authority to keep the deposit to cover any maintenance or repairs.

What Should I Not Do Before Subleasing My Apartment?

Never initiate a sublease without first checking to make sure your lease permits subleases. If you move forward with a sublease against your landlord’s permission or your lease agreement, you could jeopardize your lease and your rights and interests under that lease. To fully protect your rights under the lease agreement, it is helpful to ask for written consent from your landlord, so that there is no confusion in the future. Also, make sure to enter into a written sublease agreement with the subtenant that specifically outlines the term of the sublease. It is helpful to speak to an attorney who can explain what rights and responsibilities a sublease agreement should address. If you have agreed to take a deposit, it is also important to include language in the sub-lease agreement regarding the amount of the security deposit and the requirements the subtenant must satisfy to get the deposit back.

At the Law Offices of Salar Atrizadeh, we guide our clients in legal matters regarding all aspects of real property transactions and litigation by using extensive knowledge and skills to create innovative solutions. Please contact us today to set up a confidential consultation.