If you sublet your apartment, you are still responsible for the lease. This means any damages or missed rent payments are your responsibility. Finding a reliable subtenant is crucial; be sure to screen carefully to avoid any complications like property damage that could leave you liable.
A sublease arrangement in Arizona permits a tenant to re-rent their residence to someone else. To detail the terms of the agreement, a sublease contract is drawn up. This legally binding agreement is drawn up by the original tenant with the landlord's consent.
If you have a lease for a set term, like one year, you can sublet with or without your landlord's permission, unless they prohibit this in the written lease.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
If your tenancy doesn't have a fixed end date you'll need your landlord's permission to sublet your whole home. If they say no, they don't have to give you a reason. If there's a fixed end date for your tenancy, you're allowed to sublet your whole home.
A potentially devastating detriment to a sublease is its subject to the original tenant not defaulting. You could be compliant with your sublease and receive notice your lease is terminated because the original tenant defaulted. You could be subject to the landlord's new terms or be forced to vacate.
A lease is a rental contract between a landlord and a tenant, whereas a sublease is a contract between a tenant and a sub-tenant who has assumed obligations of the tenant's lease.
You might be committing a criminal offence if you sublet your home when you're not allowed to. You can check if you're allowed to sublet your home. Local authorities can get information to help them investigate and prosecute unlawful subletting offences - even if they aren't your landlord.
Arizona law (ARS § 33-1378) indicates that: “A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.