Thinking Of Subletting Your Apartment? Here's What You Need To Know
If you're going on an extended summer vacation or you're going to be overseas on business for a few months, you may consider subletting your apartment to ensure your rent is paid. However, if you decide to partake in this short-term subletting, it is important that you consider the legal pitfalls that are involved. When it comes to this sort of thing, the most important thing here is to do your homework to ensure that you don't find yourself looking for a new apartment to rent in the near future. Luckily, for you, some of the homework has been done for you.
1. Check the Terms of Your Existing Lease.
In many cases, your current lease could include a clause that either limits or eliminates your ability to sublease your apartment to anyone else. More often than not, if you violate this clause, you may be evicted from the property.
2. Check the Local Laws.
Aside from your lease agreement, you should also check with laws for your city, as there may be rules in place that will not allow subletting to occur within city limits. For example, New York law dictates that it is illegal for someone to rent their apartment out for fewer than 30 days if you are not going to be living on the property. This is because the law specifically requires that the same individual or family must occupy a dwelling for at least 30 consecutive days if it is to be a rented property.
3. Perform a Background Check on the Potential Sublessor.
Since you will essentially be the sublettor's landlord, and you will still be responsible for the rent of the apartment to your own landlord, it is crucial that you take the same precautions as an ordinary landlord when renting out an apartment. This includes a background check, references of past landlords, current employers and possibly even a credit check (depending on your own preferences and the length of the sublet).
4. Get the Sublease in Writing.
Since you are creating a legally-binding contract, it is important to get the sublease agreement in writing. You can search for templates online to use, you can draft your own, or you can speak to an attorney about drafting one for you.
5. Speak to a Real Estate Attorney.
If you are worried about whether you can legally sublet your apartment, concerned with the ramifications of doing so or simply need help with the sublease agreement, you can speak to a professional real estate attorney, such as those at the Law Office of Richard D. Saba, P.A., who can help you understand situation-specific laws that pertain to your city, county and state.
