How to Execute a Sublease
My question involves landlord-tenant law in the State of: MD
Lease says tenant can sublease with the approval of the landlord. The sublessee applied with me (the landlord), and was approved.
What steps must I take to ensure a successful sublease:
1) Does the sublessee need to sign a lease with me?
2) Should I write up a contract, stating that the tenant is fully aware that if the sublessee fails to pay, or is evicted due to a breach of lease, that they are responsible?
3) If the deposit is returned, is it returned to the original tenant?
Thank you,
asset_mgr
Re: How to Execute a Sublease
To have a successful sublease you need a good lease agreement and a good subtenant. And you may need some luck on top of that.
You should use a professionally drafted lease, not one you make up yourself. It's far too easy to make mistakes, to include unlawful or unenforceable clauses, and otherwise create trouble for yourself if you draft your own lease.
If you have a subtenant, you obtain a security deposit from your tenant and return it to your tenant, and are expected to fully comply with landlord-tenant law in relation to the deposit.
If you do not want to return to the unit after the end of the subtenancy, you may want to ask your landlord if he'll release you and accept the proposed subtenant as a replacement tenant, such that you're out of the middle.
Re: How to Execute a Sublease
Thank you for the reply.
From my understanding, an agreement should be made between the tenant and sublessee.
I'm the landlord. Do I need to sign a contract with the sublessee? If so, what would I need to include in the contract.
My intent was to sign a letter with the sublessor (tenant), stating that they are aware of a sublessee living there, but that they are still responsible for the terms of the contract, if the sublessee violates the original lease contract.
Re: How to Execute a Sublease
If you're the landlord, and are authorizing the sublease, then the sublease is between your tenant and their subtenant. If you choose to sign documents with the subtenant, you run the risk of making yourself a landlord -- nobody can comment on the legal ramifications of theoretical documents.
You can find a wide range of forms that various landlords use with tenants, in relation to authorizing subleases, through your favorite search engine. (Here are some through Google.)
Re: How to Execute a Sublease
Thank you for the prompt response. I appreciate the information you've provided.