Rental references are a standard part of the rental process, regardless of whether you are subleasing or not. That said, you should ask any prospective subtenant to include at least two references. References are typically professors, previous landlords, supervisors, or any other individuals who can provide a valid assessment of a subtenant's personality, trustworthiness, and dependability.
Just be sure to actually check these references. Even if a prospect looks good on paper, you never know what their previous landlord or supervisor might say. In short, the effort is worth the peace of mind. Speaking to potential tenants gives you a chance to learn more about them and get a feel for their personality in person. Interviewing is an essential part of the subleasing process. You may conduct the interview anywhere, though it may be best to interview in a public place, such as a coffee shop.
You must do your due diligence when searching for prospective subtenants, which is why it's crucial to ask the right questions. Generally, prospects who seek out short-term lease agreements are in transitional periods in their lives.
Whether they are looking for a place to stay over the summer months or preparing for a move across the country, the freedom of a short-term lease agreement means that they can walk away at the end of days. Of course, this can be an issue for subletters who are looking for an individual to stay for the duration of their lease term.
If their subtenant doesn't renew their lease each month, it can put the rent cash flow in jeopardy. Knowing whether they are looking to stay for one month or four months can make a big difference.
A subtenant's monthly income requirements should be the same as yours were when you applied for the apartment. Generally, landlords require tenants to earn a pretax income of at least three times the monthly rent. If a tenant's monthly income does not meet that limit, they may be rent-burdened and unable to consistently cover the rent.
You may ask for pay stubs or alternative documents to verify a potential subtenant's income. Subtenants will have to cover the cost of a security deposit and the first month's rent upfront. As a security deposit is usually equal to one month's rent, they will essentially need to have two times the price of rent available in liquid cash.
If a prospect has been evicted previously, it indicates they have made an egregious breach of their lease agreement. Because this breach can range from missed rent payments to significant damage, it's important to know whether a tenant has previously been evicted and why. It is legal to refuse to sublease to an individual who has been previously evicted, as this is not a protected status. Unfortunately, a subtenant's broken sublease can mean that you're on the hook for covering rent payments in their absence.
However, life happens. If a tenant has broken a lease agreement previously, ask about the event. Another advantage is that many subleases are for significantly shorter periods. This can benefit someone who is looking for a temporary place to stay, rather than a long-term residence. As a renter, leases are often only offered in long-term periods, usually 12 months or more is typical. This may be construed as a disadvantage if the tenant is hesitant about committing to an apartment for an entire year or not sure what their future circumstances might be.
As a subtenant, the primary tenant may draw up a contract with very strict terms to ensure that their contract will not be affected by damages, lack of payment, etc.
Another aspect of subletting that may be extremely frustrating is when maintenance problems arise the subtenant must go through the primary tenant, who then goes to the landlord. The main difference between a subtenant and a lodger is that a subtenant has exclusive use of their room. Their landlord needs permission before they can enter the subtenant's room. A lodger's landlord can enter the lodger's room without permission and often does so to provide services such as cleaning.
In practice, if you share some accommodation with your landlord such as the bathroom or kitchen, then your rights are similar whether you are a subtenant or a lodger. People who share accommodation with their landlord are generally known as excluded occupiers.
This is a term used in housing which helps to identify your housing rights. Excluded occupiers have very limited rights. Most tenants need their landlord's permission before they can sublet all or part of their home. Many tenancy agreements contain a term on this, so you should always check your agreement first. If you do need permission, get it in writing. If you need permission before subletting all or part of your home but don't get it, or if you aren't allowed to sublet but do so anyway, then your landlord may take action against you if they find out.
For example, they may take action to evict you for breaking a term in your tenancy agreement. If you're a social housing tenant and you sublet your home unlawfully, you may also be committing a criminal offence. If you live in a shared ownership property, you could face action from your landlord for breaking the terms of your lease agreement. The worst case scenario would be action to end the lease and recovering possession of the property.
This action is known as forfeiture. Sometimes they can charge higher than average rent and make a profit from subletting. Having somebody stay in your apartment adds security and offers eyes in case repairs are needed when you are away.
Also, imagine what would happen if your tenant decided to stay in your apartment. Evicting someone is no easy feat. Renting has many pros, the most important of all is your name is on the lease. The lease can protect both you and the landlord if any disputes come up.
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