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Legal right to sublease?

Started by citychick
about 12 years ago
Posts: 4
Member since: Jan 2014
Discussion about
Is this correct? If you have the right to sublet in your lease, and have not violated any terms of that lease, do you have a right to sublet at the same (or possibly lower if I remember correctly?) rent that you pay, and do you have to furnish any additional security or other monies to the landlord? Understood it will vary depending on the terms of your specific lease but was wondering what the law is these day. Many thanks good people of SE.
Response by Sonya_D
about 12 years ago
Posts: 547
Member since: Jan 2013

citychick,
Is this place rent stabilized or rent controlled? The rules are a bit different depending on if a unit is regulated or not.

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Response by citychick
about 12 years ago
Posts: 4
Member since: Jan 2014

no it is free market

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Response by huntersburg
about 12 years ago
Posts: 11329
Member since: Nov 2010

What does your lease say?

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Response by Sonya_D
about 12 years ago
Posts: 547
Member since: Jan 2013

citychick,
If it is a market rate apartment and not bound by any rent regulated laws, then you (the "prime tenant") are free to charge what the market will bear, and your landlord can also charge you, for example, any percentage of that that they want as well, as far as I know. It really just depends on what is stipulated in the lease.

What is perhaps more important are things surrounding your direct question, such as length of stay of the subtenant and also the proper procedure as to how to start the sublet. In order to be a legal sublet, you must follow the steps as set forth by the law. I suggest you get to know what's required -- and feel free to ask here should you have any specific questions. :)

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Response by huntersburg
about 12 years ago
Posts: 11329
Member since: Nov 2010

"as far as I know."

How about you caveat how much you know?

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Response by SMTSay
about 12 years ago
Posts: 15
Member since: Oct 2012

All terms must be submitted to your LL in writing (along with other items), for their approval…

https://twitter.com/SMTSay

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