Subleasing and Assignment of Leases

There are two ways to legally move someone else into your rental space before your lease is over:

Subleasing

Under a sublease arrangement:

• You remain responsible for the rent being paid by the new tenant.
• You also remain responsible for any damage done to the rental before your lease is up.
• The new tenant is responsible only to you to pay the rent that is due.

If you sublease your space, you'll want to have a written agreement with the new subtenant, spelling out the obligations of the subtenant.

Most leases require the landlord's approval of any subtenant prior to the time the subtenant moves in.

Assignment

You can transfer your entire remaining interest under the lease by making what's called an "assignment."

Under an assignment:

• The new tenant is legally obligated for all the promises you made in the original lease.
• You are usually not legally responsible any more on the lease.

Lease assignments almost always require the landlord's blessing, under the provisions of the lease.

Lease assignments should always be in writing, so there aren't disputes later as to what rights and obligations you assigned.

Related Web Links:

Landlord & Tenant Message Board for more help