Tenant can’t pay rent so he plans to sublet
Hello BP,
I have a rental property with student renters. The lease is signed by all 3 of them and they split the monthly lease. The lease is a collective lease and not individual lease. One student informed me yesterday that he is studying abroad and his parent refused to pay the rent. He said he won’t be able to pay it by himself so he will sublet. He is asking me what is the process for subletting? I am dumbfounded...the lease states no subletting but I can’t take the chance to not have the full rent or to take another person without screening. If I say yes, then the responsibility falls on me as far as safety of the others. Any advice is appreciated. Thank you.
Most Popular Reply
The lease says no sublet, so let the tenants know subleting is not an option.
The three tenants need to sort this out. If they can present you with a suitable replacement tenant that passes your tenant screening, then you can easily remove the departing tenant and add the incoming tenant to the lease. If all parties to a lease agree, it can be modified at anytime. One lease, three names, jointly and severally liable.
They will undoubtedly ask about the security deposit. Let them know the security deposit will not be refunded until possession of the unit is returned to you. So if all three of them pitched in, they need to sort it out. Usually an incoming tenant will pay off the amount the outgoing tenant put in.
Also, it's a good idea to do an inspection of the place whenever there is a change of tenants. Charge for damages as they occur or as you discover them. If you wait until the end of tenancy, the security deposit is rarely enough. Inspections and "pay as you go" also helps guide tenants to follow the terms of the rental agreement.
Good luck!