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Officials: Be careful with subleases
BY ADDIE SLUDER
FEATURES EDITOR
Subletting an apartment hav
ing someone else take over a lease
for a short period of time is a
popular solution for students who
plan on being away for the sum
mer.
But some considerations should
be made before agreeing to sublet
or be a sublessor.
“First off, if you plan to sublet or
are thinking about it, you need to
check your lease,” said David
Crescenzo, a Student Legal
Services attorney.
Leases usually explicitly say
whether a sublease is allowed, and
many landlords require written
notice.
If the lease does not say either
way, a sublease is allowed,
Crescenzo said.
In a sublease situation, the orig
inal renters essentially take
responsibility for the sublessors
and still have their obligations to
their lease.
“In a true sublet, you become
the landlord,” Crescenzo said.
The biggest disadvantage of
subleasing is that the original
renter is ultimately responsible for
any damage the sublessor does to
the apartment.
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“We suggest to people that they
take a security deposit from their
sub-tenants,” Crescenzo said.
Because of the potential prob
lems resulting from subletting and
issues with claiming responsibili
ty for damage, Crescenzo said the
best sublease agreements are
between people who already know
each other and are able to trust
that everyone will be responsible.
He said that he does not often
deal with students who have prob
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lems resulting from sublease
agreements but that it is important
to be aware of the problems that
can result from a sublease.
Student Legal Services provides
contract forms that students can
use when subleasing an apart
ment.
Though he said it is ideal to have
a written agreement, an oral con
tract is equally binding if the lease
is for a period of less than three
years.
TUESDAY, APRIL 15, 2003
Crescenzo also said it is impor
tant for the sublessor to have a
copy of the original lease as well
because they are also bound by the
tenants contract.
Though subleasing is consid
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ered by some to be a good alterna
tive to paying to terminate a lease
early, he said the situation is far
from ideal.
“The best possible thing is not to
sublet at all.”
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