When Tenants want to Sublease

Sometimes a tenant needs to go before the lease is up. In a excellent rental market, a landlord can find a new tenant without much time or try. When there are extra tenants than rental units, landlords have the luxury of choice regarding allowing tenants to sublet.

But, when the rental market has excess inventory and filling vacancies is extra hard, a tenant who wishes to sublease to another person could be doing the landlord a favor. Certainly, the hassles of advertising and showing the rental unit are eliminated—but there are plenty of issues to consider before allowing a sublease.

In a sublease situation, the tenant who wishes to go without contravention his or her rental agreement “leases the lease” to someone else, who agrees to uphold the terms of the agreement. The original signer is still responsible for the lease, and the landlord must consent the arrangement.

But tenants don’t always seek landlord approval. If you’re receiving rent checks signed by Amy Doe for a unit that was leased to Jane Smith—you may have an unapproved sublease situation. You are under no obligation to accept Jane Smith’s sublease if you did not agree to it. Check with your legal advisor, but you may be able to start exile proceedings in this case.

In this challenging rental market, it might be a excellent thought to offer Amy Doe a new lease—if she passes your tenant screening procedures first. It is entirely up to the landlord to choose whether to enter into the agreement or evict.