How to deal with subletting?

Question

Hi, I am a new landlord in the Boston area. My tenant wants to sublet an apartment for the 2 months of summer. It's stated in the lease that subletts are not allowed, but I am ready to make an exception for her. How should I proceed with it? Do I need to sign any paperwork with this person for sublet? My understanding that my tenant is fully responsible for the apartment and continue paying me rent. It's her responsibility to deal with subletters payments. Do I need to ask for additional security deposit from the subletter? Is there any standard process? What if subletter decide not to move out?  Appreciate your advice.

Nathan Gesner · Answer

We wouldn't accept a sublet/sublease arrangement because we want control of who lives there. What if the new renter stops paying? Causes problems? Steals her stuff? I'd rather not take the risk.

If I were going to allow it, I would require the following:

1. New person completes an application and is screened to my standard;

2. They sign an addendum to the lease with a definitive start/stop date;

3. I would charge the existing renter a fee for the work involved ($50 - $100)

Theresa Harris · Answer

Don't do it.  If you do, follow Nathan's suggestions and give them the entire lease. Also have the original tenant state that she is responsible for any damage caused by the person who is subletting and collect an additional deposit from the person who is subletting.

Lien Vuong · Answer

Thats very common in Boston. I would verify an screen the new tenant as someone you'll have to inherit. Communicate with the lessee that they're still on the hook for this unit regardless as it's a renter under them.

Nathan Gesner · Answer

I would use an Addendum that specifically mentions they are on a sublease or sublet. One page that basically says they are a legal resident from [DATE] to [DATE] and subject to all other terms and conditions. It should be easier to get rid of them if they overstay their welcome, whereas tying them to the full term of the original lease could make it problematic.

Again, I avoid all this by refusing to allow sublet/sublease. It makes my life easier.

Scott Mac · Answer

I agree with Nathan, subletting to me seems like giving up control of your property to someone else.

The bird you know may be better than the bird you don't.

Elena Pech · Answer

@Nathan G. Thanks. Should subletter only sign the

addendum or entre copy of the lease for 2 months?

How to deal with subletting?

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