A legal sublet is usually one that is being done with the knowledge and consent of the landlord. Some landlords have a more hands-off management style and don't need to be looped into your activities as long as the rent continues to be paid on time each month. You can decide to get approval or not based on your own judgement and relationship with your landlord as well as your local subletting laws.
How do I get my landlord's approval for a sublet?
If you want to get landlord approval for your sublet, then you should send them three things:
- A letter describing the basic terms or the proposed new arrangement
- A rental application for your proposed subtenant
- A sublet agreement signed by you and your subtenant
To put together a great rental application for your subtenant you will need to verify their identity, their employment status and income. You may also need to securely capture and share the social security number of your applicant so that your landlord can run their own credit and background check.
You'll need to present this information to your landlord in a way that makes it clear that it is verified.
All of these documents can be prepared on your behalf by Caretaker. Start a sublet, and as soon as someone applies you'll have the opportunity to request their rental application and view a customized sublet agreement.
Can I sublet without telling my landlord?
Most leases require you to tell your landlord if you want to sublet and give them time to consent to the sublease. If your lease includes this term then you do need to tell your landlord you want to sublet. If you don't then they could evict you for breach of your lease agreement.
The good news is that if your lease says nothing on the topic you don't have to tell them. This is true unless you live in Texas, Arkansas, Missouri, Alaska, Vermont, South Carolina, Oregon or Montana. In these states, lawmakers have gone to extra trouble to pass legislation that requires you to tell your landlord about a sublet and get their consent regardless of what's in your lease.
Could I get evicted for subletting?
Your landlord can evict you for subletting without permission if your lease absolutely prohibits subletting or requires you to get their permission and you didn't. The only situation where this isn't the case is if you tried to get their permission and they ignored you. You may also have more leeway in your state if you sublet a room in your apartment rather than the entire apartment.
If your landlord does start the eviction process, make sure that they aren't violating your rights as a tenant. Landlords must follow very specific rules and regulations for evicting a tenant, and if they don't follow these rules then they have to start the eviction process over from the beginning.
The information provided on this website does not, and is not intended to, constitute legal advice.