Sublease Property Agreement Without Landlord's Permission In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-0029BG
Format:
Word; 
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Description

A sublease is a transfer to a third person (the sublessee) of less than the lessee's entire interest. Sublet means to lease or rent all or part of a leased or rented property. A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant.
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FAQ

Arizona law doesn't provide specific guidelines on subleasing for general residential properties. Instead, it largely depends on the original lease. If the lease allows subleasing or doesn't mention it at all, tenants can proceed with a sublease after getting written approval from their landlord.

Writing Your Sublease State the name of the parties and the date of the contract. Identify the property. Provide the term of the sublease. State the rent schedule and amount. Include a section on the security deposit. Sign and date the contract. Deliver the contract to your landlord.

Make Your Request to Sublet in Writing Even if you've orally discussed a sublet in person with your landlord, it's a good idea to follow up the request in writing. This ensures that you're both on the same page regarding the terms of the sublet, and gives you a written record to refer to if memories fail.

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.

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.

You must always get written consent from the landlord before subletting (if not already defined in your tenancy agreement), and there are responsibilities you need to consider.

Step 1: Check your lease Check your rental agreement or lease documentation for specific rules on subletting your apartment. Step 2: Send landlord a letter Send your landlord or building manager a certified letter asking permission to sublet, and wait for approval. Keep copies of all communications.

If you sublet your home when you're not allowed to, your landlord is likely to take action to evict you.

So first, in NYC a landlord cannot unreasonably deny a request to sublet. You must submit a written request at least 30 days in advance, and it must include things like who you'll be subletting to, why you're wanting to sublet, where you'll be during this period, etc...

Landlords restrict subletting because they want control of who's in their properties. You wanna sublet so you can get out of a lease, so your standards are somewhat reduced. You might not care about security of the place, you might not care about the subletters background, he has a lease with you not the landlord.

More info

In Arizona, a renter cannot sublease without the landlord's consent. You should give them a notice to vacate after at least five days.If they don't leave within the timeframe, you can file an eviction action with the court. If you have a month-to-month lease or are a tenant-at-will, you are never allowed to sublease without your landlord's permission. It's important to note that Arizona rental law does not cover sublease and assignment provisions. The 2024 guide to Arizona landlord-tenant laws for property managers or investors. In Arizona you must obtain consent from your landlord prior to subletting and they're not required to let you sublet. ARS § 33-1378 apparently allows a landlord to simply have a tenant removed who is not on the lease with doing an eviction. An Arizona lease agreement establishes a binding relationship between a landlord and tenant, where the landlord rents all or part of their property for a fee. A consent to sublease is not necessary if there are no restrictions or limitations on occupancy in the current lease agreement.

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Sublease Property Agreement Without Landlord's Permission In Phoenix