Want to move out of your apartment temporarily in Massachusetts, but do not want to pay unnecessary rent while you are gone? Then, you can go for a sublease agreement. Here are all the necessary details related to it in the following sections.
What Is a Massachusetts Sublease Agreement?
In Massachusetts, a sublease means a lawful settlement between two tenants namely; a sublessor and a subtenant. The sublessor is the original renter of the property who has signed an official lease with the landowner.
They can come to a valid agreement with the sublessee, who will pay the rent for using the property. The sublease agreement Massachusetts refers to a tenancy, which allows the tenant to rent their apartment for a certain period.
However, subletting can be uncertain because the original renter is still responsible for the landowner. The sublease arrangement in Massachusetts can be for the limited or entire rental of the space.
Before signing any sublease agreement, the tenant must check if the lease contract is allowing subletting to anyone. Additionally, permission from the property owner is essential, before the sublessee enters into any binding contract.
A Massachusetts sublease agreement implies that if anything happens like property damage, the original renter will be responsible for this. Though the subtenant is renting the space still the name of the original tenant will remain on the legal agreement.
What Are Included In a Massachusetts Sublease Agreement?
The sublease agreement should be state-specific and detailed as well. There are some basic components that you need to include in a Massachusetts sublease agreement such as the name of both the parties.
Other than these, there are various crucial components that are necessary to add. Some of them are:
- The tenant should mention the address of the unit along with any side streets or building numbers.
- The Massachusetts sublease form should include the rent value that the sublessee has to pay. Additionally, the tenant should mention the date before which the subtenant has to pay rent.
- The tenant must provide information about the security deposit. The renter must include information on how to pay the rent.
- Information regarding late rental payments.
- The maximum period of time in which the landowner can return the security deposit.
- Data about the start and end date of the contract. Also, the agreement must include information about the associated procedures such as vacating the premises or notification periods.
- Information about renewing the lease, if allowed must be included in the sublease agreement.
- Both parties need to sign on the sublet lease template. It ensures that the sublessee and sublessor agree with the contract’s terms and conditions.
- A copy of the sublease should be sent to the landlord. If any of the problems arise, the agreement provides a means to reach the original tenant.
How To Legally Sublease Your Massachusetts Apartment?
A sublet template confirms that the landlord has performed the standard background checks on the new tenant. It would be beneficial for the tenant to mention the reasons why they are signing a sublease agreement. The tenant can follow the given below steps to prepare to sublease their Massachusetts apartment legally:
- Go through with legal laws: The tenant should read all the laws before they sublet anyone to use their property.
- Select a qualified sublessee: When the original renters sublet anyone then they become accountable for the rental payments. That is why it is crucial for the tenants to make sure that the subtenant can pay rent on time.
- Request a security deposit from sub renter: It is efficient for the tenants to ask subtenants for a good faith deposit on the property rent. Sublease agreement helps the tenant to ensure whether the sublessee is serious for lease or not.
- Finalize a sublease contract: It is crucial to have a legal contract between tenant and subtenant. With the official document signed, both parties can save themselves from any legal dispute.
Subletting Laws In Massachusetts
Massachusetts Landlord or Tenant Law offers provisions for the renters to sublease after taking permission from the landowner. However, if the lease agreement states that subleasing is not acceptable, then, a sublease arrangement form will not be tolerable.
- A landlord cannot give permission to the tenant unless a subleasing prohibition remains openly stated in the contract.
- According to Commonwealth Law, if any of the renters want to sublease the contract. Then, it becomes essential to obtain written consent from the property owner.
- It is the tenant’s responsibility to send an official letter with certified mail to the landowner. The letter should include a return receipt requested statement. The sublease form provides the original renter with a documented confirmation of the request for the submission.
- If the landlord does not approve of subletting, then the tenant must move out of the apartment. However, if a landlord accepts a check from the sub-render, then they can use the property effectively.
- In Massachusetts, the illegal sublessees can be well-thought-out invaders by the landowner. Additionally, the existence of unlawful renters can lead to the removal of the primary tenant from the original contract.
Under the state laws, the tenant can allow the subtenant to use their apartment. Massachusetts sublease agreement helps in saving renters from unnecessary rental payments. However, while signing the agreement, the landlord can ask the subtenant to pay for a security deposit.
If you want a free template of a sublease agreement, we can help you. The templates provided by CocoSign assist you in including all the essential details in the sublease agreement. Download the free template today.