A sublease occurs when a tenant leases the rental property to a subtenant, whereas a sublet occurs when a tenant finds a new renter who will sign a lease with the landlord.
It’s important to obtain knowledge about this subject from reliable sources because even real estate professionals misunderstand these phrases. Fortunately, we are here to explain the distinction between subletting and subleasing, thanks to our years of experience.
I’ll define each phrase, provide usage examples, and go over the benefits and drawbacks of each in this post. For more details, continue reading!
What Is a Sublet?
A sublet is a type of renting arrangement in which the landlord leases the property to an existing renter who seeks a new tenant. In the majority of sublets, the original renter is vacating the premises. There are instances where the original tenant intends to return and carry on with their lease.
In a sublease, the new renter and the landlord establish a new legal arrangement. In addition to legally adhering to the lease’s conditions, the new tenant pays the landlord rent.
Illustration of a Sublet:
Assume Marcus is a tenant in a New York apartment. He has been residing in the property for the last six months, under a one-year lease.
Marcus eventually has to move out of state after receiving a promotion at work. He can’t afford to pay for two leases plus moving expenses, but he wants to avoid violating his current lease.
Marcus chooses to rent out his apartment to a new tenant as a solution. He contacts Warren, a buddy, and Warren consents to take up the lease.
Warren signs a new agreement with the apartment’s landlord. The landlord doesn’t have to bother about finding a new renter because Marcus moves to a new state, and Warren gets a new apartment.
What Is a Sublease?
A sublet is a type of leasing agreement in which a current tenant leases a space to a new renter. A sublet involves the original tenant and the subtenant entering into a whole new leasing arrangement. They have the option of renting out the whole thing or just a section of it.
In any case, the original lease that the tenant and the landlord signed remains enforceable, notwithstanding the sublease arrangement. Following the conditions of the initial lease, the first tenant is required to keep up rent payments. The new rental agreement with the subtenant ends with that lease.
An Illustration of a Sublease:
Assume that Veronica recently moved into a flat with two bedrooms. Though she isn’t spending as much time in the additional bedroom as she had planned, she still likes her new place.
Veronica chooses to sublease the extra room since she believes that paying for it is a waste of money. She first obtains the landlord’s approval and reviews the terms of her current lease.
She then inquires with her friend Anise about renting an extra room in her residence. When Anise accepts, the two draft a new contract under which Anise will pay Veronica a monthly rent payment.
In this instance, Anise obtains housing while Veronica earns additional income by collecting rent.
Comparing Sublet vs Sublease: What Are the Main Distinctions?
Contrary to popular belief, the phrases “sublet” and “sublease” do not have the same meaning. Let’s talk about the key distinctions between these various leasing arrangements.
Landlord Participation:
In a sublease, the landlord and new renter communicate directly. The tenant must sign a brand-new lease with the property owner to use this kind of rental arrangement.
Under a sublease, there is no formal contractual arrangement and no direct communication between the new renter and the landlord. The original tenant now serves as the new renter’s landlord.
Original Lease:
A subletting agreement ends the rental lease with the original renter. Rent payments and adherence to the original lease terms are no longer required of the renter.
A sublet agreement preserves the terms of the original lease. Until the conclusion of the lease, the original tenant is required to pay the rent and abide by all other requirements.
Payment.
The property owner receives rent payments from the new tenant in a sublet.
Under a sublet, the original renter pays the property owner, and the new renter pays the previous renter.
Tenant Responsibility:
In a sublease, the new renter is in charge of the asset and any potential harm.
The initial renter in a sublease is in charge of the rented property. The original tenant will be legally and financially liable if the new tenant damages the property.
Pros and Cons of Subletting and Subleasing:
Professionals in real estate need to understand the benefits and drawbacks of subletting as opposed to subletting. Let’s go over some of the benefits and drawbacks of each kind of lease.
The Pros and Cons of a Sublet Agreement:
Tenants find subletting appealing since it gives them the option to extend or shorten their lease. They can do this without paying fees, damaging their credit score, or developing a negative reputation as renters. A sublease keeps the property occupied and reduces the risk of burglary.
Tenants may find it difficult to find a new tenant to take over the lease when they sublease. There’s always a danger that the subtenant will breach the lease or do damage to the property, even if they manage to find one.
A sublease is desirable for landlords because the renter doesn’t abandon them. The new renter pays rent to the landlord, who keeps the property occupied.
For landlords, subletting has a drawback in that the new tenant might not be as dependable as the original. It is always the landlord’s responsibility to check the subtenant’s reputation.
Tenants:
Pros of Subleasing
- Move Properties Without Breaking the Lease;
- Take a temporary break and return.
- Reduce Burglary risk, and
- The credit is unaffected.
Cons of subleasing
- Having Trouble Locating New Tenants
- A renter Who Moves in Soon Could Miss Payments
- Possible Property Damage from a New Tenant
Landlords:
Pros of Subleasing
- The New Tenant Picks Up the Rent
- The Property Isn’t occupied
Cons to subletting
- Lease Violation by the New Tenant
- Possible Property Damage from a New Tenant
The Pros and Cons of a Sublease Agreement
Tenants who wish to earn more money and have extra room in their residences are drawn to sublease opportunities. Under a sublease, the original renter is still able to occupy their premises and receive rent from the subtenant. Additionally, they are free to leave the property while continuing to sublease it to the new tenant.
Tenants who sublease have to deal with the drawback of having to pay for their original lease. They still have to pay the landlord’s rent even after they leave the premises. Another problem is that if the subtenant damages the property or pays rent after the agreed-upon time, the original tenant is liable.
Tenants
Pros of Subleasing
- Able to Earn Extra Cash Renting to New Tenants Allows You to Move Into a New Property and Save Money on Multiple Leases
Cons of Subleasing
- Might Have to Charge Less for Rent;
- The original lease remains.
Landlords:
Pros of Subleasing
- The tenant continues to Pay the Rent
- The Tenant May Sign a New Lease After the Term If the Property Is Not Vacant
Cons of Subleasing
- Subtenant Might Not Fulfill Landlord’s Requirements
- Relying on the Initial Tenant to Maintain the Lease
Which Is Better, Sublease or Sublet?
Many individuals are puzzled about the differences between “sublet” and “sublease,” therefore they are frequently unsure of which kind of arrangement will suit them the best. Now let’s talk about subletting versus subleasing.
How and When to Use a Sublet Agreement
For tenants who wish to move to a different property without violating their lease, a sublease agreement is the ideal option. Sublets give tenants the freedom to terminate their agreement and begin a new lease somewhere.
If a tenant has long-term travel plans, they may also choose to sublease their property. Let’s take the scenario where a tenant is going on a four-month vacation to Greece. They think that paying rent is a waste of money because they are not residing in their flat for the entire time.
In this case, the tenant can sublease their unit for those four months to a new tenant. When they get back from their trip, they can then renew their lease.
When to Use a Sublease Agreement:
For tenants who wish to continue living in their space and earn additional income, a sublease is the best option. A sublease agreement permits a tenant who owns a spacious apartment to give up a room if they are willing to do so. This is the better option if they don’t mind taking on the additional duty of collecting rent.
