Sub-Lease

[Trish]

Is sub-leasing legal in NJ? My daughter is sub-leasing (they signed a piece of paper hand written by the person they are sub-leasing from) an apt with a friend & I fear that the relationship is going to get violent. I was told that sub-leasing is not allowed in Middlesex County and I am trying to find a way for her to be able to break the lease. Any ideas?

[Eagle]

Yes, subleasing is legal in NJ. As far as I know it is legal in Middlesex county too. Subleasing is very common in the Real Estate industry. In order to answer your question I would need to know what the sublease agreement says and what the original lease says. Most leases have a prohibition against subleasing unless the landlord consents. If the tenant subleased to your daughter and it was prohibited in the original lease and the landlord did not give consent then your daughter may be able to assert the fact that this is not a valid sublease and walk away from the situation. She needs to read both documents closely.

In a sublease arangement the subleasor remains liable for the rent.

[kayb0y]

yes, i've been told that in order to sub-lease you must get the owner's consent - in writing!
but, i'm not sure if you must disclose to the owner or landlord how much you are collecting for your sub-lease.
i also know that if the tenant defaults or fails to pay the rent, you're liable - not the sub-tenant.
K.

[Chargingrhino]

Hello.
Sub leasing is allowed in NJ. That includes Middlesex County.
Most leases today are some form of a standard lease. In addition to these standard leases it is common to have included an "addendum" which addresses additional terms that are specific to the apt/home in the lease. This is primarily added by the landlord but also may and often does add additional requirements from the lessee (tenant).

The sublease section is part of every standard lease and specifically says that "tenant may NOT sublease without prior written consent and permission from landlord".

My experience says that most sub leasors "DO NOT" get prior permission. Therefore her sublease is mute and in fact "toilet paper". However, if permission was gotten and permitted your daughter has an obligation to honer her commitment.

NOW with that being said my experience also has showed me that if she just packed up and left the sub lessee while being "mad " will not take action in court and just move on. They just do not do it. They have a right to however, I never seen it go that far.

[Chargingrhino]

Hello.
Sub leasing is allowed in NJ. That includes Middlesex County.
Most leases today are some form of a standard lease. In addition to these standard leases it is common to have included an "addendum" which addresses additional terms that are specific to the apt/home in the lease. This is primarily added by the landlord but also may and often does add additional requirements from the lessee (tenant).

The sublease section is part of every standard lease and specifically says that "tenant may NOT sublease without prior written consent and permission from landlord".

My experience says that most sub leasors "DO NOT" get prior permission. Therefore her sublease is mute and in fact "toilet paper". However, if permission was gotten and permitted your daughter has an obligation to honer her commitment.

NOW with that being said my experience also has showed me that if she just packed up and left the sub lessee while being "mad " will not take action in court and just move on. They just do not do it. They have a right to however, I never seen it go that far.

Bottom Line.. Just leave and eat the loss and chalk it up to experience...