The Subletter Letters

Summer is always a complicated time for everyone in the world of renting. People are moving out, moving in, going on vacation or just buckling down to make some extra cash at a Summer job. Often renters are looking to either find or fill some space just for a few months, and the most common way to do that is to sublet a room in the house, apartment or loft. However, if not done right, subletting can be a nightmare for renters and landlords alike, so this week on the Hometown Rant, we’re learnin’ you all on how to fill your extra space without causing you extra headaches.

So what exactly is a sublet, or sublease? For those of you who don’t know, it’s an arrangement whereby the original tenant on the lease allows a third party to lease the space from them, assuming all or a part of the financial responsibility of the first tenant. In other words, it’s when you let your friend stay in your room and pay rent while you’re back home for the summer. Lawdepot.com has a good FAQ for anyone still confused, but you shouldn’t be. The concept itself is pretty basic. The problems almost always come in with the implementation.

As a landlord, you should decide before you even find original tenants if you’re open to the idea of letting them sublet your rental property. Allowing tenants to sublet a room in the house or apartment will make your property more attractive, but it’ll also require a little more oversight from you, since in doing so you’re trusting your renters judgement about who to let stay on your property. That being said, the original tenant is still responsible for fulfilling their terms on the lease regardless of what the subletter does or doesn’t do, so if you’ve written your original lease properly, you’ll still have someone legally liable for the damage or the unpaid rent.

The people who really have to be careful subletting are the renters who are taking on the responsibility of becoming a sub-landlord themselves. When you let someone else take over your lease, you have to trust them to be able to hold up their end of it, since your name and money are still going to be on the line. Subleases are a great way to find out who your real friends are when they go sour, which is why you always want to draw up a contract have your subletter actually sign a sublease, even if you think they’re your best friend.

If they actually intend to follow through then they shouldn’t have a problem signing, and if they don’t want to, they’re probably actually a sketchball trying to put one over on you. Sorry if we forced the realization upon you, but trust us, it’s better you find out now than after they leave questionable stains on your mattress and let their junkie friends pawn off your furniture for drug money, then disappear without paying you thousands of dollars they owe. Hopefully you’re a better judge of character than that, but people can be deceptive. Make sure you have it in writing that they’ve agreed to pay you so you’ll have a leg to stand on if you do end up in court.

As a subletter, understand that whoever you’re subletting from has put their name on the line so you can have a roof over your head, and respect the house, apartment, loft or condo twice as much as you would normally. There’s a special place in renter hell for people who abuse the sacred trust of the sublease, and it’s not a place you want to be.

Do you have rental questions of your own? Comments? Concerns? Love letters? Hate mail? Holla at ya boys: Hometownrant@hometownrent.com

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