Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 16
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39request to the landlord. This is not always
Q2 If the tenant is to sublease, what
the case; many times, the landlord, in
exactly can be subleased?
granting the original tenant permission to
The tenant can only sublease the rights
sublease, will be aware of the subtenant’s
he or she has been given in the original lease
presence and will respond to his or her
– no more. For example, if the tenant has
requests.
only three months left on a one-year lease,
the tenant can only sublease up to three
Q4 What about the security deposit?
months. The same holds true with any
Because nothing in the original lease
restrictions contained in the original lease –
agreement changes when a tenant subleases
they all apply to the subtenant and cannot be
to a subtenant, the original tenant’s security
waived by the original tenant. On the other
deposit will remain with the landlord. He
hand, the tenant may decide to sublet less
tenant may decide to collect a security
than all of the rights he or she has been
deposit from the subtenant to insure against
given in the original lease (e.g., he or she
nonpayment of rent or utility charges or
may decide to return to the rental property).
damage to the rental property beyond
reasonable wear and tear caused by the
Q3 What duties does the original tenant
have when subleasing?
subtenant. Remember that the original tenant
remains responsible to the landlord under
Generally, when a tenant subleases, he
the original lease. The original tenant’s
or she assumes the position of the landlord
security deposit could be at stake.
in relation to his or her subtenant.
Accordingly, all of the laws that apply to
Collecting a security deposit from the
landlords apply to a tenant who subleases.
subtenant. If the original tenant decides to
These duties are explained in other parts of
collect a security deposit from the subtenant,
this Guide. They include the following:
he or she would simply follow all of the
ordinary steps that any landlord would in
• Complying with the duties to maintain a
collecting a security deposit. These include
habitable rental property and to make
being timely in providing proper notice,
reasonable repairs, when necessary;
placing the security deposit in a financial
• Complying with the duties to register or
institution, providing inventory checklists,
license the rental property under local
and providing the itemized list of damages.
ordinance (check with the local housing
(See the Security Deposit section of this
office);
• Complying with the duties imposed
Guide.)
under the security deposit laws and
Q5 What if the subtenant stops paying
procedures; and
rent?
• Complying with the eviction laws and
Two things may be done to help protect
procedures, in the event the original
against this:
tenant wants to remove the subtenant
(1) Require the subtenant to sign a written
from the rental property.
sublease agreement that includes the
Repair and maintenance still remain the
same language as the original lease
ultimate duty of the original landlord.
agreement; and
Because the subtenant, in a sublease, has no
(2) Require the subtenant to pay a security
relationship with the original landlord, repair
deposit to the original tenant.
requests will usually be made by the original
tenant. The original tenant makes a repair
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 14
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