Advice about Subletting an Apartment

Discussion in 'Community Discussion' started by Mr_Brightside_@, Apr 9, 2009.

  1. Mr_Brightside_@ macrumors 68020

    Mr_Brightside_@

    Joined:
    Sep 23, 2005
    Location:
    The 6ix
    #1
    Hello all, I'm hoping to garner some knowledge from people who have experience with subletting. I'm a student who has just found a 2 bedroom apartment in Toronto, Ontario, to be shared with a friend. We want to sublet the apartment from May 1-August 31 and we want to know the best way to do so / find people to stay there.

    What I'm looking for is advice on what I can do to guarantee that prospective subletters do what we need them to- pay rent on time, pay the utilities that are not included, be responsible for any damages, and, perhaps most importantly, leave the apartment on August 31 (am I missing anything else?). I know there are specific agreements/leases/contracts that can be signed to ensure all these things happen as they're meant to, but I'm not sure what they are specifically, and, since I'm essentially doing all this work alone, I don't know exactly where to look.
    If anyone has any ideas, forms that can be downloaded, websites, or just any input whatsoever, it would make my life a lot less stressful.
    Thank you
     
  2. Fake Hipster macrumors member

    Joined:
    Apr 6, 2009
    #2
    Well you could have your landlord draw up a sublease, and have them sign it. Most people won't be interested in doing that for only a 4 month lease however.

    Most people list on craigslist, under sublets. Its really all about meeting the person and finding out whether you trust them or not. I live in NYC and there are tons of sublet options and almost all wont sign you on to the lease, except if its for longer than 6 months usually. A sublet is a short term flexible thing.

    Also, asking for a first and last and security deposit isnt out of the question, though it may be a little excessive for a 4 month lease (you're essentially asking for 3 months rent upfront for a 4 month stay).
     
  3. Mr_Brightside_@ thread starter macrumors 68020

    Mr_Brightside_@

    Joined:
    Sep 23, 2005
    Location:
    The 6ix
    #3
    I know most people won't want to; this is simply to calm the parents' neuroses. I have found somebody at this point, what I was wondering about is possibly if there are specific contracts/agreements that can be made between us to legally bind the sublet. The landlord has said that he has often seen people reach the end of their sublet and simply not move out, which cannot be resolved without going to court. I want to avoid this by having something guaranteeing that the people leave.
    That's another problem. The people I have found right now ARE willing to pay first and last (and probably a deposit if I request it); however their credit check wasn't good enough for the landlord, so the parents want out.
     
  4. jarjarblinks macrumors 6502

    jarjarblinks

    Joined:
    Nov 15, 2008
    #4
    Hi

    I'm accustomed to dealings with landlord / tenant relationships in a more professional environment. Yours sound more the informal sort to me, actually, than an extensive contractual agreement. Just take what you feel will be useful to you in your situation!

    - First cut, which is the most important, make sure your landlord is agreeable to a brief period (4months) of subletting. This has to be ascertained otherwise it will be in breach of your orginal contractual agreement.

    - The agreement between you and your prospective sub - tenant should be documented. It should not be but in an oral agreement format, which will be difficult to ascertain should there be a discrepancy / disagreement, which are actually very common and hence should not be disregarded.
    : sub tenant wishes to terminate after the 2nd month and wants back the original deposit
    : sub tenant infringes on some rights of the original landlord (not you, the person who owns the actual title deeds) that were not briefed to him. You are responsible for this breach, unless otherwise stated in your agreement with the sub tenant.
    : sub tenant should have a restriction, or "covenant", imposed that he is not to allow for any other sub - sub - leasing.
    : covenants should be imposed on him not to allow for any "excessive" actions, such as drinking, gambling, any other forms of vice - to your own imagination
    : sub tenant should be made aware of any penalties imposed by you in the advent of late payments for rental / utilities (fine, penalty, late charges etc)

    - Do a check on his background information ; illegal immigrant, criminal activity etc "non est factum" does not apply in this area where you claim you simply do not know.

    - These contractual agreements are impossible to be drafted up by you, or any other party who does not have a legal background. There are never any forms to be downloaded because each property, each contractual agreement, is unique to its own characteristics. I strongly recommend you and your sub - lessee to visit a lawyer and have the agreement drafted and drawn up, and he will be the witness to it. It will not be expensive, say, US$100 approximately, possibly? It should not take longer than 45mins or 60mins. That contractual agreement will be binding between both parties of Lessor and Lessee. It will be used and effected in whoever's parties favour during a claims before a magistrate or Judge.

    - Finally, take a few photographs and have them dated to the moment that you hand over the keys of the property. This will allow for documented evidence that it should be returned to you as you have left it.

    Hope this helps!
     
  5. Macky-Mac macrumors 68030

    Macky-Mac

    Joined:
    May 18, 2004
    #5
    in the end, there are no real guarantees of avoiding any problems.......you can sign an agreement with them in which they promise to do all sorts of things, but if they don't act in good faith and live up to their side of the agreement, then you'll have to take them to court, etc.
     

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