As a landlord, it’s likely you invest considerable time in selecting suitable tenants. Some tenants attempt to cut costs by subletting their area to others, whether you agree to it or not. This scenario commonly unfolds for tenants who have entered into long-term leases but will be away from their property for a long time. Opting not to cancel the lease, tenants may see subletting as a more favorable choice. The purpose of this article is to aid you in handling this issue and securing a resolution that suits all parties.
The term subletting denotes when a tenant leases out a section of their dwelling, such as a bedroom, and remains living there. Even though this can be a practical way for tenants to secure additional funds, it tends to cause unease for landlords. Property owners must meticulously evaluate the positives and negatives of granting their tenants the right to sublet. We shall now scrutinize some of these elements in detail.
Who is Responsible?
Subletting, a frequent occurrence, manifests in two distinct forms. The first is legally subletting, where the property owner gives the tenant permission to rent out either a section or the entirety of the property to another tenant. Alternatively, an illegal sublet happens when the tenant subleases the property to another without the landlord’s consent.
With subletting, it’s vital to understand that the original tenant is legally responsible for observing their lease agreement and making sure the full rent is paid. This implies that the original tenant maintains ultimate accountability, even if subletting is explicitly allowed. Despite a trouble-free process, subletting necessitates entrusting the original tenant with the responsibility to ensure the subtenant abides by the lease terms.
Reasons Not to Allow Subletting
You hold the complete authority to decide on allowing subletting as the property manager or landlord. However, one should note that exceptions exist where subletting is constrained by homeowners’ associations or specific rules. Should such agreements forbid subletting, this might constitute the sole basis for you to deny your tenant the option to sublet your rental unit.
A further motive for denying subletting could be the difficulty in collecting rent from a subtenant who stops paying when your primary tenant is away. In such cases, your recourse would be to chase after the original tenant for payment, a task that can be daunting and time-consuming. Should the sublet prove to be illegal, accepting rent from a subtenant is crucially something to avoid. Receiving payments from a subtenant, even one subletting illegally, may unintentionally grant them rights to your property, with eviction being the only recourse to revoke these rights.
Reasons to Allow Subletting
Certain landlords permit subletting to ensure their property remains tenanted. This applies mainly if a tenant anticipates being away for a lengthy period. Keeping a healthy relationship with your tenant is vital, and enabling them to arrange what best fits their needs is an effective approach. Granting your tenant the permission to sublet can also serve to prevent vacancies and reduce turnover expenses, assuming timely rent payments each month.
Subletting Agreements
Having a clear subletting agreement that delineates your expectations and the responsibilities of your tenant is always advisable. No matter your position on subletting, your lease should contain a clause that precisely indicates what is permitted and under what circumstances. With open and clear communication, misunderstandings can be bypassed, ensuring a harmonious and tension-free rental experience for both landlord and tenant.
When thinking about authorizing subletting, it’s critical to implement protective measures for both your interests and your property. A primary step involves conducting a comprehensive screening of the subletting tenant, akin to the vetting process for any prospective tenant. Having selected a fitting tenant, it becomes crucial to define explicit expectations and regulations for the subletting deal. By formulating and ratifying a sublease agreement, you can enumerate all the stipulations and provisions of the subletting arrangement. Implementing a sublease agreement can forestall any forthcoming dilemmas or disputes.
Seeking clarity on enabling your tenant to sublease your rental space? No worries, Real Property Management Resources has got you covered! Contact us online or call 405-787-4429 to talk to a rental property expert today. Our team of pros is here to help you make the best decision for your property in Piedmont or nearby.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
