The Worst Advice You'll Get About Subletting And What To Do Instead

By Gretchen Kernbach on August 26, 2016

There are people out there who think they know just about everything, including subletting. Furthermore, if you find yourself in the position of subleasing, you may be tempted to ask for advice from the know-it-alls in your life.

However, not everything you hear is going to be good information. It is important to evaluate what this so called “smart” person says and then put your own spin to it.

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After all, why even ask for advice when you have the greatest invention ever – the internet? Because advice will be given to you whether you like it or not. So here is what to look out for, and not listen to.

“You don’t have to check with your landlord about anything.”

Yes, yes you most certainly do. Even though you are leasing to someone else, you are also leasing from a different person. That is the entire concept of subletting. So while you are a landlord in a certain way, you still have your own landlord to answer to.

According to rocketlawyer.com:

“Regardless of whether your rental lease agreement requires you to obtain your landlord’s approval to sublease, securing your landlord’s go-ahead is a good way to avoid any future disputes that may arise from your sublease. Additionally, many state and local laws require you to obtain your landlord’s consent when subletting or bringing in a new roommate.”

If you are tempted to totally dismiss your landlord’s awareness of your plan to sublease, do not carry through without telling him/her. The temptation may arise from the fear that they might reject your proposal of subletting, but this is highly unlikely. There are actual laws in place that prohibit your landlord from “unreasonably” denying the possibility of subletting.

“You can really sublease to anyone.”

This is certainly not true. The last thing you want is coming back to your apartment and finding a giant hole in the wall and no one to foot the bill. Subletting to a complete stranger who gives you sketchy contact information is bound to end badly.

The best way to avoid this is to conduct some sort of background check. It may be a hassle but it is better than dealing with a hazy, unreliable tenant you cannot trust.

According to bullandbear.musonline.com, “Scammers typically respond quickly to your advertisement and generally do not ask for any pictures, questions, or details about the apartment. Trust your instincts; if it seems too good to be true, it probably is.”

“Charge them more than you pay so you can make money off of them.”

This might have even been a thought of yours before it came out of a friend’s mouth. Still, do not do it. In general, you do have the right to charge whatever you want. However, some states do have laws that prohibit you charging your tenant more than what you already have to pay.

In cities such as New York and San Francisco, according to rocketlawyer.com, “You are not permitted to make a profit off the rental unit your landlord owns.” The safe thing to do is check local laws before making your rent decision.

“They do not have the right to use your things.”

They actually do. After all, they are paying you to live in the space, so whatever is in the space is up for grabs (obviously not for keeping though). Don’t expect your tenant to not use your everyday objects like dishes and utensils.

According to bullandbear.musonline.com:

“Pack away anything that you do not want them to use. If that special coffee mug is what you need to get through midterms, hide it away safely. If you do pack your dishes and sheets, just remember to let the person know that they need to bring their own.”

Do not hesitate to lay out boundaries, but at the same time, don’t overdo it. Be reasonable and kind about all your requests.

“You basically own your tenant.”

Hopefully your friend is joking when he or she says this. However, if they are being completely serious you should revaluate your friendship. By no means do you own the person who is subleasing from you.

This means you cannot control them or force them into doing anything. Forcing them as in making them replace something they didn’t break, not forcing them as in hazing.

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Just remember, suing people goes both ways. Do not go mad with power.

“You should just keep subleasing even though you aren’t coming back.”

Talk about unnecessary.

According to rentcafe.com:

“Know for sure that you’re coming back. If you may be leaving the area permanently, you are better off giving up your apartment, putting your stuff in storage, and moving out. You won’t want to have to return to your old city to deal with these logistics later.”

Who wants to do extra work anyway?

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