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Re: What is a "reasonable" subtenant? - Landlord Forum thread 356194

Re: What is a "reasonable" subtenant? by AnonymousFL on February 16, 2018 @23:04

                              
I just wanted to point out that there is some inconsistency with how you are using the term "subtenant". A subtenant is a tenant that rents the unit from the tenant. If you break a lease, the new tenant is simply a "tenant".

You really should come up with a policy on how you might handle this sort of situation. How we handle it (and many landlords that I have worked with) is that the original tenant is responsible in the event the subtenant defaults on the lease. The subleasee completes an application and must be approved by you. If he is approved, a sublease ducument is signed by the original tenant, the sublessee, and yourself. It is not unusual for the original and subtenant to have a side agreement such as the original tenant paying a portion of the lease, utilities, or whatever they decide...but you generally do not even need to be a part of that. Leave it up to the original tenant to ensure the terms of the lease are upheld by his tenant. On thing you should address is that the security deposit is still to be returned to the original tenant (minus charges) as per the original lease unless they provide an alternate agreement.

If nothing goes wrong during the remainder of the lease term, the lease ends and both parties move out, security deposit is addressed, etc. Of course, the original tenant will usually go on his merry way and you are left with the choice of allowing the subtenant to become a tenant of the unit on their own with their own brand new lease and security deposit.

I suggest that you use the same approval criteria for the subtenant as the original tenant. It is easy and "reasonable". In this case, I would not personally accept the new tenant without a cosigner (just because he has the money does not mean he will pay the money).

Good luck with it.
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