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Learn more about Sublease Agreement in Philippines

A Sublease Agreement is a legal document that allows a renter to sublease a place that they already occupy. The original tenant and the new renter often sign the Sublease Agreement. You must protect your property before subletting it and make the new renter accountable for any damages. The Sublease Agreement generally follows the terms and conditions of the original Lease Agreement between the Landlord and the Tenant, with the exception that the Landlord is not involved in the process. Before a tenant begins the subletting process, make sure he received a written Consent to Sublease Letter from the Landlord.

Table of contents


What is a Sublease Agreement?

A sublet is a lease of an estate by the lessee to a third party that conveys all or part of the estate for a shorter duration than the lessee originally held. A sublet is a separate agreement between the lessee and the sublessee. In this new arrangement, the original lessee becomes a sublessor. The owner of the property and the sublessee have no contractual privity under the sublet. The original lessee is still obligated to satisfy the lease terms. The landlord may restrict a tenant from subleasing the estate.

What are the different types of sublets?

There are several sorts of subleases, including sublets. Leases are not the same as sublease agreements since they transfer legal and financial duty to another party. The following are the distinctions between a sublease and a lease, as well as a sublease and a sublet:

1. Sublease vs Lease

Leases are a sort of rental Leasing Agreement that is entered into between a landlord and a tenant. They can be for either residential or commercial use. A sublet, on the other hand, happens between a tenant and a third-party individual who will pay rent and reside in the property for the balance of the original rental arrangement.

2. Sublease vs Sublet

Sublets, sometimes known as relets, allow new renters to take over a lease straight from the property owner or management. Tenancy difficulties are handled by the landlord in the case of a sublet. When establishing a contract for a sublease, use a sublet agreement.

A sublease occurs when the incoming renter deals with the tenant directly. The tenant serves as the property manager under a sublease. When establishing a contract, include a Sublease Agreement to legally handle this arrangement.

What is Included in a Sublease Agreement?

A Sublease Agreement must be highly precise and all-inclusive of the expectations of the original tenant and the landlord of the property in order to be effective. Ensuring that all of the information a subletter will want is contained in the Sublease Agreement can help avoid future legal disputes, since the Sublease Agreement is used to establish what legal actions original tenants, landlords, and subletters can seek.

The following are some instances of Sublease Agreements:

➤ Rent on a monthly basis
➤ Who is in charge of repairs and maintenance?
➤ Utilities that must be purchased and how they will be paid
➤ Information on Liability
➤ Policy for Visitors
➤ Deposit of security
➤ The initial residential or business lease agreement's terms
➤ Policy on smoking
➤ permission from the landlord
➤ Signatures and dates of all parties involved
➤ Disclosure of lead-based paint

How to sublet your property?

Step 1. Perform a background check

It is not a good idea to sublet your apartment or property to the first person who inquires. You must establish that a prospective tenant is trustworthy, financially secure, and has no plans to depart for a lengthy period of time. If your tenant goes missing after a month, you must pay both their rent and the rent for the home you are now staying in. You may also forfeit your security deposit if they cause property damage. Conduct conversations with each candidate to learn where they work and their financial situation.

Step 2. Make a decision

To minimize any legal complications, you must draft a written agreement when selecting a tenant to sublease your house. If you don’t have a lawyer, you can use one of the many subletting agreement templates accessible online. You must also decide whether to need a security deposit from your tenant. It is always a good idea to do so in case the renter abruptly departs without notice or causes any damage to the property. Make sure the agreement specifies the lock-in period.

Step 3. Take yourself out of the apartment

You may finally pack your possessions and go after all of the paperwork is finished. Assure your potential tenant that the apartment is in good condition. Contact your landlord first if you need to leave some of your belongings behind since you don’t have enough space to carry everything with you.

What are the risks for Sublease Agreements?

Many renters prefer sublease agreements over Residential and Commercial Lease Arrangements because they provide greater freedom. They are, however, not without danger. When a sublease agreement is made, there is always the potential that something may go wrong that will damage one or more of the parties to the new arrangement.

There is a risk involved if any rental payments go delinquent. In some cases, the sublessee pays the original renter rent. If the original tenant fails to pay the landlord, the subtenant may be evicted, even if they have completed their payments on schedule.

Original tenants face an additional risk due to the activity of their subletters. If the property is damaged or any lease conditions are breached while the sublease agreement is in force, the original renter may still be held accountable because they are responsible for the new tenant.

If a renter intends to return to the property after the subleasing arrangement, they must be certain that the sublessee can be trusted with their things. If they do not, their goods may be destroyed, misplaced, or stolen when they return.

What are tenant and subtenant responsibilities?

When subletting an apartment, the original tenant should make every effort to choose someone they feel is trustworthy and will continue to pay the rent. The main reason for this is that the original tenant is still responsible for making sure the rent is paid. The subtenant is typically not compelled to react to the landlord; in most cases, the landlord can only sue the original tenant for rent.

Similarly, even if they are no longer residing there, the original tenant is responsible for maintaining the rental in good shape.

What to do if the subtenant does not pay the rent?

If you sublease and the subtenant fails to pay the rent, the tenant is liable for the nonpayment. In actuality, the subtenant is responsible for paying the tenant’s rent in line with the lease conditions.

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