![]() ![]() An assignment transfers the rest of your lease to a new tenant, and it usually happens when you want to move out before the lease is over. While assignments are often discussed together with subleases, they should not be confused. To prevent your subtenant from gaining the rights of a cotenant, you should make sure that they pay rent to you, and then you can send it to the landlord. ![]() If they start paying the landlord rather than you, they will have a strong argument that they are the landlord’s tenant. The most common issue here is who receives rent from the subtenant. This can happen if the landlord and you start acting as though the subtenant is a cotenant. ![]() If they refuse to leave when you return, for example, it may be easier for the landlord to simply evict both of you. You also may face an eviction if you get into a dispute with your subtenant. In extreme situations, such as criminal activity by your subtenant, the landlord may evict you in order to remove the subtenant. If they fail to pay rent or damage the property, you will be on the hook to the landlord for all of your own rent and the cost of any repairs. You should make sure that you are confident about the subtenant’s financial situation and ability to comply with the terms of the sublease and the landlord’s rules. Even though the subtenant did not sign your lease with the landlord, its terms apply to them as well. You should be aware that any benefits that you give your subtenant must fit within the overall rules that the landlord imposes for the property and the people who live there. Any agreement should clearly state the amount of the rent, the length of the tenancy, and any security deposit that may be required. A month-to-month rental agreement may be better for a subtenant arrangement than a lease. If you decide to evict your subtenant, you will need to follow the same procedures that would be required for a landlord. This differs from a cotenant, who can be evicted only by your landlord. As their “landlord,” you can (and should) require them to pay rent directly to you and evict them if they fail to follow through. Even if it is not explicitly prohibited, you should get your landlord’s permission in advance to minimize future disputes.Ī subtenant is not a cotenant and does not have a direct relationship with your landlord. If you are considering this option, you should check your lease or rental agreement to make sure that it is permitted. Some landlords allow a tenant to sublet their unit to a third party, while others do not. ![]()
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