IF THE CONTRACT DOESN’T MENTION SUB-LEASING, DOES THAT MEAN THAT SUB-LEASING IS OK?

Most contracts include a clause requiring that owners or managers be informed in advance of any kind of sub-lease. The law, however, makes it clear that owners or managers may not “unreasonably” withhold permission for a sub-lease. In other words, if the person to whom an apartment is to be sub-leased meets the same credit standards and other criteria that the original tenant met, it is not reasonable for the owner or manager to deny permission for the sub-lease. But if a tenant proceeds to sub-lease an apartment without having first obtained the consent of the owner or manager, in writing, even though the contract includes a clause that says such permission must be granted for any sub-lease, the sub-lease will be invalid.

SHOULD I COLLECT A DEPOSIT FROM A SUBTENANT?

Yes, it is wise to collect a deposit from your sub tenant because you are still responsible for any damages s/he makes while residing in your unit.

SHOULD I WRITE UP A CONTRACT WHEN I SUBLEASE?

Yes, you should. It’s always a good idea to keep written records of your agreements. You need to keep the original for your own records and you should be sure to give a copy of this new contract both to the owner or manager and to the subtenant.