By RPM Central Valley – Over the years that you own Central Valley Rental Property you’re going to have to answer many questions from your tenants and one of those will be if you allow subletting at your rental property.
What Is Subletting?
The leasing of part or all of the property held by a tenant, as opposed to a landlord, during a portion of his or her unexpiredbalance of the term of occupancy.
A landlord may prohibit a tenant from subletting the leased premises without the land-lord’s permission by including such aterm in the lease. When subletting is permitted, the original tenant becomes, in effect, the landlord of the sublessee. Thesublessee pays the rent to the tenant, not the landlord. The original tenant is not, however, relieved of his or herresponsibilities under the original lease with the landlord.
A sublease is different from an assignment where a tenant assigns all of his or her rights under a lease to another. Theassignee takes the place of the tenant and must deal with the landlord provided the landlord permits it. The original tenant isno longer responsible to the landlord who consents to the termination of their landlord-tenant relationship.
Should You Allow Subletting?
Subletting totally depends on your own views on the situation but if you’re going to allow it it’s best to have any new tenant sign a sublease application and you should also give yourself plenty of time to do a complete background check on the new tenant before approving their sublease.
Subleasing doesn’t always work out and in some cases it may be best to just swap out tenants entirely so it’s best to use caution and take plenty of time to inspect the property before approving the new tenant.
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