Subletting is popular among renters and can be the perfect solution to a tough situation involving your tenant’s inability to pay for a rental he or she has already leased. However, there can also be many drawbacks to allowing your tenant to sublet the rental. Tenant do not have a legal right to sublet their rental. Rather, it is completely up to the landlord to allow subletting.
Cons of Allowing a Tenant to Sublet
Though subletting may be allowed in many rentals, subletting offers little benefit to the landlord. Often the landlord will have limited or no ability to choose the sub-tenant. It is possible that the tenant could fail to screen and select the right sub-tenant, leading to problems with the apartment and the new tenant’s occupancy. Because the tenant is the one who signs the lease, he or she is bound by a legal agreement with the landlord while the sub-tenant is not.
Pros of Allowing a Tenant to Sublet
There are a few pros to subletting if it is done the right way. Allowing your tenant to sublet is a good way to appeal to many types of renters. For example, if your target rental pool is students, consider allowing subletting. Students often return home for a few months during the summer, leaving them with an empty apartment. Tenants who travel for extended periods of time may also be drawn to rentals that allow subletting. Allowing the tenant to sublet the unit ensures the unit is occupied and paid for.
If you decide that subletting is acceptable, make sure you address it in your lease agreement or terms of services. You should attempt to vet the sub-tenant just as you did your tenant, ensuring they are a suitable tenant.
Your lease or contract does provide some protection, but it may not be enough. If the sub-tenant causes damage to the apartment and flees the state, you are left to pursue the tenant. If the tenant has no assets, there is no real way to recover compensation for damages.
From: http://checkpointscreening.com/ CheckPoint Screening Solutions