You Have Tenants Rights... Use Them! [Subletting]

Most leases are 12-month commitments, so what is a student to do when they're in a 12-month lease yet want to leave Massachusetts for the summer? What if you're not a student but you want to travel or work in another city for more then a month? In these cases, most people look to "sublet" or rent your apartment to someone during your lease. The sublet or "sublease" creates a second lease on the apartment yet does not free you from your own obligations in terms of rent or utilities. 

Subletting can be a tricky topic considering many sublets are done illegally between peers to avoid a sublet fee or extra hassle by a landlord. Yet, there are many reasons why it is important to be on a lease and acknowledged by the landlord that you are subletting or residing in a subleased apartment.

How to Sublet 

To sublet, you must be a tenant with a lease. If your lease does prohibit subletting, you are free to do so. Most leases require a landlord give written consent prior to subletting. If your lease prohibits subletting and you sublet it anyway, you are putting yourself up for the possibility of eviction and financial penalties. 

The landlord may ask the subtenant to pay a security deposit. Under the security deposit law in MA, a landlord may not collect a security deposit greater than one month's rent. If a landlord has already collected 1 month's security deposit from the current tenant, he/she cannot ask the subtenant for additional money to surpass the one month's rent. 

Many people underestimate the importance of legally subletting and going through the landlord for a sublet. If an apartment is subleased without getting prior consent from the landlord, and something happens to the apartment, the person on the lease is going to be held responsible - even if a deal was worked out with the subleaser. Additionally, if the subleaser has an issue such as a necessary repair or needs to use any of the rights he/she has as a tenant, they cannot! Without a lease, a landlord is not obligated to respond to the subleaser's complaints or needs. Furthermore, if the landlord did not allow the subleaser, the landlord can legally evict the original tenant. 

A sublet fee is a common & legal. This portion of tenant and sublet law is unregulated.

Be Aware... 

• When a tenant sublets, regardless of if their subleaser pays the full rent, the tenant is still fully responsible to get the full rent to their landlord 
• It is legal, yet rare, for the landlord to request credit card information from the subleaser to ensure that their total portion of the rent is paid 
• Upon the landlord charging a sublet fee, this fee is imposed from the landlord to the landlord's tenant (the landlord's tenant is the tenant who signed the lease originally), therefore in the case of a sublet fee, how that fee gets paid is between the tenant and subleaser

 
As Credit Advocates wraps up it's series on Tenant Rights, Credit Advocates reminds everyone to be vigilant. Try not to rent a bedroom that is in actuality a walk-in closet, be aware of landlords who insist on cash, and be aware of your rights to ensure a safe & habitable place to come home to everyday!

As always, any Credit & Housing Counseling questions can be emailed to rsimon@creditadvocates.org. Even though this series is over, all Tenants Rights questions will be answered! Lastly, don't forget to return to Credit Advocates' blog to continue learning about your Student Loans! 



rsimon@creditadvocates.org | creditadvocates.org



Protecting your rights begins by knowing your rights!