sublease a & t

Subletting Tips…

1. PUT IT IN WRITING. Come to an agreement and put it in writing. A lease, or sublease, is a contract. Oral promises and agreements are contracts. Contracts are only enforceable when the parties know the terms. So, put it in writing and have everyone involved sign it. It does not have to be notarized or use any special “legal” language. A contract just has to clearly spell out what both sides are agreeing to: what each side has agreed to do as their part of the bargain.

2. SECURITY DEPOSIT. You cannot transfer your security deposit with the primary landlord over to someone else without giving the landlord a written release saying it is okay. So, if your sublettee gives you a security deposit and expects to get reimbursed from the primary landlord, make sure you work that out with the landlord first. If you don’t transfer deposits, then make sure you know who will be responsible for cleaning and for damages. Sublettees tend to not clean an apartment at the end of the lease. If you want to get your security deposit back, you should plan on coming back yourself to clean. (Another option is to hold a security deposit yourself from the sublettee and outline your written agreement what they have to do to get it back. Be careful, though, because if you act like a landlord, you must know the law and abide by it.)

3. THE ORIGINAL LEASE. Make sure your sub-tenant has a copy of your original lease and is aware of any special provisions. Make abiding by the original lease a part of your sublease agreement.

4. UTILITIES. Decide in advance whose name the bills will be in over the summer. Remember that the final bills will arrive a month or so after the sub-tenant is gone. So, get forwarding addresses and keep in touch and on good terms.

5. ROOMMATES. If you will be sub-letting to people who don’t know each other, make sure they come to agreement about the living situation, ie: who will be staying there, whether boyfriends/girlfriends can sleep over, who will clean and when, how many cars and how many parking spaces, etc…

6. “CONTACT INFO.” Stay in touch and available to your landlord and sub-tenants. If they know where to find you, problems will likely be solved right away instead of festering and growing into huge dilemmas.

For more advice, tips, or suggestions, contact Off-Campus & Commuter Student Services at 603-862-0303 or the Legal Services, Joanne Stella, Attorney at 603-862-1712.

SUBLEASE AGREEMENT

This agreement is made on ___________________________ (date) between the landlord, the tenant and the sub-lessee.

The landlord is _____________________________________________ and his/her address is ________________________________________________________ and telephone number is ___________________________________.

The tenant is ______________________________________________ and his/her address is ________________________________________________________ and telephone number is __________________________________.

The sub-lessee is ___________________________________________ and his/her address is ________________________________________________________ and telephone number is __________________________________.

1. The tenant hereby agrees to sublet to the sub-lessee the premises located at :
_____________________________________________________________
and the landlord approves of this agreement.

2. The sublease shall begin on ____________________________ and terminate on _______________________________________.

3. The sub-lessee shall pay rent as follows: _________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

4. The sub-lessee agrees to comply with all of the terms and conditions of the lease agreement between the tenant and the landlord to the extent they are consistent with this agreement. (A copy of the lease is attached.)

5. The sub-lessee agrees to pay a security deposit to the _______________________ (fill in either landlord or tenant*) and to keep the premises in reasonable condition. Any damages will be deducted from the security deposit and the remainder, if any, returned within 30 days for the termination of the tenancy. (Sub-lessee requests that the deposit be mailed to the following address: __________________________________________________________________

6. The sub-lessee hereby acknowledges that he/she had 5 days from the date of occupancy to notify the holder of the security deposit of any conditions in need of repair of damages to the apartment.

7. The parties have discussed matters such as payment of utility bills, return of keys, forwarding of mail, etc. and have come to the specific agreements noted below:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The landlord, the tenant, and the sub-lessee agree to all of the above terms as noted by their signature below:

*Make sure if you accept a security deposit from the sub-lessee that you comply with New Hampshire law by doing the following: 1. keeping the funds in a separate account (called an escrow account); 2. give the sub-lessee a receipt for the security deposit that informs them of the bank and the account; and, 3. return the deposit within 30 days of the termination of the tenancy.