Landlord Question and Answer Forum

oNE OF MY 3 TENANTS HAS FOUND A SUBLETTOR FOR A 3 MONTH PERIOD. SHOULD I BE INVOLVED IN THE SUBLET OR IS IT BEST TO MAKE THE AGREEMENT BETWEEN MY TENANT AND THE SUBLETTOR? aLSO SHOULD I COLLECT A SECURITY/DAMAGE DEPOSIT? YOU'D THINK MY TENANTS ARE FROM HEAVEN! I DON'T WANT TO LOSE THEM, BUT OF COURSE I WANT TO BE PROTECTED AND HEADACHE FREE. thank you

Cynthia, you can create a sub lease via this site! Having a successful Sublease arrangement requires due diligence from all parties. It’s wise to have a state specific Residential Sublease Agreement (AKA Sublet Agreement) in place. https://www.ezlandlordforms.com/documents/67494/sublease_agreement__sublet_agreement/

Posted by Jessica B, MD on Monday, April 23, 2012

Just because the current tenant is a “tenant from heaven” that doesn’t mean the sublease tenant will be. I would check the subtenant just as I would check any new tenant applying. That means filling out an application, doing a credit check, etc. Consider creating an Addendum stating that the sublease tenant agrees to the terms of the current lease agreement (give them a copy and include language that they received a copy). Include language that the “Tenant from Heaven” agrees to pay for any or all rent portion that the sublease doesn’t pay and have that tenant also sign the addendum. You have to consider that worse. - The current tenant decides not to return and the subtenant may become a “Tenant from Hell.” Do your due diligence and cover all basis.

Posted by Bob R, CA on Monday, April 23, 2012