A sublet lease agreement, also known as a sublease agreement, is a variation of a rental contract. The laws governing a sublet lease agreement vary slightly from one state to another. However, the statutory provisions governing this type of rental agreement are substantially the same across the United States. A sublet lease agreement is permissible for both residential and commercial property.
The primary function of a sublet lease agreement is to contract with a third party to rent a property you lease from another individual or business. Keep in mind that the ultimate legality of a sublet lease agreement normally relies upon prior approval of such a subcontract from your own landlord.
A sublet lease agreement can be for the same duration permitted of a direct lease agreement in the state where the contract is made. In other words, if a residential lease agreement is legally permitted to be up to a year in length, the same time frame is acceptable for a sublet lease agreement. Of course, by definition a sublet lease agreement cannot be of a term beyond the length of the underlying lease agreement.
If the person to whom you sublet damages the premises, you are fully and completely responsible for compensating your landlord for the damages. Although you can seek reimbursement from your sublessee, the sublease agreement does not relieve you of personal and direct liability for any damages to the premises and the legal requirement to compensate your landlord for those damages.
The primary benefit of a sublet lease agreement rests in the fact that you are able to avoid losses on rental premises that you may not need for a period of time. You may not require rented property for the full term of the lease agreement. A sublease permits you to use the premises as necessary without an undue loss of money in the process.
When facing a conflict arising out of a sublet lease agreement, consider engaging the services of a qualified and experienced real estate attorney. Local and state bar associations maintain directories of attorneys in different practice areas, including lawyers who specialise in real estate law. Contact information for these professional organisations is available from the American Bar Association:
American Bar Association 321 N. Clark St. Chicago, IL 60654-7598 312-988-5000 abanet.org
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