Last Updated February 2, 2024
What is a Landlord's Consent to Sublease?
Tenants who are interested in subleasing a rental property may use a Landlord's Consent to Sublease as evidence of their landlord's official permission to do so. Landlords typically require tenants to ask for permission before entering into a sublease agreement with a subtenant. By obtaining this document, tenants ensure the transfer of rights under a lease agreement is legitimate and professional.
How does subleasing work?
Subleasing is when the original tenant of a rental property wants to give someone else (a subtenant) the right to share or move into the space. The original tenant becomes a sublandlord and often collects rent from the subtenant to pay the original landlord.
Although the tenant signs a new Sublease Agreement, the original tenant is still responsible for upholding the terms of the original lease agreement. As such, the terms of the Sublease Agreement must not exceed the terms outlined in the master lease. For example, the duration of the sublease cannot be longer than the duration of the master lease.
There are many reasons why a tenant may need to transfer their rights under a lease agreement to someone else. In some cases, tenants rent out a room in their apartment to collect more money for rent. Alternately, some tenants must travel for work or school and need someone to take care of the rental property and payments until they return.
In either case, subleasing is a way for landlords to continuously receive income from a rental property without terminating an original lease agreement or looking for a new tenant.
Can a tenant sublet without permission?
In most jurisdictions, tenants must ask their landlord for permission to sublease, and landlords cannot unreasonably refuse the request. By obtaining a Landlord's Consent to Sublease, tenants can maintain a positive relationship with their landlord, and landlords can feel at ease about their rental property.
If a landlord discovers that a tenant entered into a Sublease Agreement without consent, the landlord may consider the new tenant to be an unauthorized occupant. In this case, the landlord may take steps towards evicting both the tenant and the subtenant. This is especially true if the original lease agreement prohibits subleasing without the landlord's consent.
Before entering into a Sublease Agreement, tenants should consult their original lease agreement and local laws for more information regarding subleasing.
What's the difference between a tenant and an occupant?
Although lease agreements may list both tenants and occupants, the tenant signs the contract and is responsible for upholding its terms. Occupants, on the other hand, are not directly liable for any rent payments or lease violations.
It's important to note that only the people listed on a lease as a tenant or an occupant may reside in the rental unit. Additionally, the landlord must be aware and approve of any changes to the list of tenants and occupants.
For example, if a tenant sublets their property without communicating with the landlord first, the landlord would likely consider the subtenant to be an unauthorized occupant. In this case, the landlord may file an application to their local landlord and tenant authority to remove or evict the unauthorized persons.
How should I ask my landlord to sublet?
There are a few things tenants can prepare ahead of time to ensure they gain their landlord's approval to sublease a rental property:
- Use Rental Applications to collect information and evaluate potential new tenants.
- Draft a Sublease Agreement to prove your knowledge of managing a subtenant.
- Request their signature on a Landlord's Consent to Sublease, if consent isn't expressly given in your original lease agreement.
Preparing these documents ahead of time can assuage your landlord's concerns by demonstrating that you're able to handle the responsibility of becoming a sublandlord and that you value their input when selecting a subtenant. Additionally, these steps increase the likelihood of finding a quality subtenant who won't damage the unit or violate the lease.
Frequently Asked Questions:
Landlord’s Consent to Sublease FAQ 