Four Questions to Ask Before You Sign a Summer Sublease
In Columbus, Athens, Fayetteville, and Jonesboro, college students are looking for summer housing so they can attend classes, start an internship, or work a summer job. One popular solution is the sublease, which allows a tenant to lease their property (such as a room in a shared apartment) to another tenant, rather than requiring the new tenant to deal directly with the landlord for the summer.
The most important thing for either party to do before signing a sublease is to review the underlying lease to determine what obligations apply to the sublease. There are at least four basic questions to ask before you enter into a sublease.
Does the landlord need to know about my sublease? Probably. In most cases, a lease will prohibit a tenant from subletting their unit without the written consent of the landlord. Some landlords will also require the consent of all tenants who are party to the lease.
Do I really need a written sublease agreement just for the summer? Absolutely. A written contract defines the rights and responsibilities of the sublessor (the original tenant) and sublessee (the summer tenant). You may have discussed whether the room would be furnished or who would pay for utilities. However, if a communication – verbal, email, or otherwise – is not included in the sublease agreement, it is not a binding statement. It is essential for you to read the sublease carefully to ensure that it reflects what the parties discussed.
Does my parent have to sign the sublease? Maybe. Frequently a landlord will require a parent or guardian to cosign or otherwise guarantee a tenant’s obligation under a lease or sublease – for the obvious reason that students often have few assets and little income. If so, parents should also review the lease to confirm their responsibilities as a cosigner.
Is the original tenant free from responsibility during the sublease term? No. In a sublease, the original tenant remains in “privity of contract” with the landlord – meaning that, for example, if a subtenant damages the property, the landlord can still collect from the original tenant. This means that the original tenant should be careful to whom she rents – and consider asking for a security deposit to cover any potential damages.
For more information about drafting or reviewing a lease or sublease, contact our office today.
A version of this post was originally published by Mallory Law Office, LLC.