If the contract doesn’t mention sub-leasing, does that mean that sub-leasing is OK?
- Most contracts include a clause requiring that owners or managers be informed in advance of any kind of sub-lease.
- The law, however, makes it clear that owners or managers may not “unreasonably” withhold permission for a sub-lease.
- In other words, if the person to whom an apartment is to be sub-leased meets the same credit standards and other criteria that the original tenant met, it is not reasonable for the owner or manager to deny permission for the sub-lease.
- But if a tenant proceeds to sub-lease an apartment without having first obtained the consent of the owner or manager, in writing, even though the contract includes a clause that says such permission must be granted for any sub-lease, the sub-lease will be invalid.
Important things to keep in mind when considering sub-leasing:
- Ask your landlord/property manager if you have permission to sublease your unit prior.
- Make sure to have an agreement with your sublessee in-writing.
- Include in your agreement a clause that references the rules in the Master Lease.
- Make sure to get a security deposit from your sublessee in-case any damages are made to your unit.
- It is wise to collect a deposit from your subtenant because you are still responsible for any damages they makes while residing in your unit.
Should I write up a contract when I sublease?
- Yes, you should. It’s always a good idea to keep written records of your agreements.
- You need to keep the original for your own records and you should be sure to give a copy of this new contract both to the owner or manager and to the subtenant.
- CLICK HERE to view a sample sublease agreement.
The UCSB Community Housing Office has great informational resources about sub-leasing: