How to Handle Subletting Requests from Student Tenants

When you rent to students, more than likely they will look for a subletter to take over their current lease if they go home for the summer or winter break, or if they’re spending an entire semester abroad but want to keep the apartment they’ve come to know as their home. While subletting may sound simple, there is actually a lot that goes into it on your side, and isn’t only up to your renter. Instead, while the decision is ultimately yours, it is up to the both of you to get the ball rolling. Here are the steps you need to take to handle subletting requests from student tenants.

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Check Local Subletting Laws

First and foremost, you must check your local subletting laws. Unfortunately, these can vary from state to state, and even city to city in some cases. You want to ensure you will be following the law when it comes to subletting requests, as there will be serious consequences if done incorrectly. For example, in some states, you may not be allowed to charge a subletter more than the original rent, but you can charge them cheaper if necessary to fill the apartment.

Since you’re already a landlord, you may know the laws, but you should still do your research and double-check your facts just in case anything changed recently.

Include Subletting Terms in the Lease

Before you even get your first subletting request, your policies or rules on subletting should be stated in the initial lease that your student signed. This should include if you allow it and any procedures your tenant needs to take.

Just know that if you do not initially allow it, your tenant still has the right to submit their request as a tenant. You may decide to bend the rules for this tenant if they take care of your property and pay rent on time, and do not want to risk losing them or this stream of income. Consider that you will not have to spend time and money finding a new renter so you will still get a consistent stream of income from your property. Ultimately, it is up to you to decide if you want the property to be subleased or not.

Require a Written Request

Whether your tenant has spoken with you in person, on the phone, or some other method of communication, you need a written request. This must be sent through certified mail with a return receipt. They need to include the length and reason for subletting, as well as information on the potential subletter. You have 10 days to request more information such as a more in-depth explanation on their reason for subletting, as they may have been vague.

Once that has passed, you have 30 days to approve or deny it, once again in written form. If you fail to reply within this timeframe, it is usually assumed you are approving the request. Do not let this time fly by and instead take proper action.

Meet the Subtenant

Just as if you were filling an opening yourself, you should meet the potential subtenant as well as check any references before confirming or denying the subletting request. Even if you trust your current tenant, you should not follow them blindly as it could be a huge mistake as you do not know what type of person or renter their friend or acquaintance is. Follow your normal screening procedure which can be a factor in denying the request, if necessary.

Keep in mind that you cannot discriminate against any potential renters, including sub-renters, for any reason such as their race, gender, or age. You may deny the request for logical reasons such as rental history, credit score, or insufficient income.

Rent Payments

Even if your student tenant is not currently living on your property, they signed a lease which means they are required to pay you the rent themself. They should still pay you as normal, whereas the sublease payment goes to them to avoid any confusion when it comes to who paid what. When too many names and payment methods get in the mix, it’s easy for something to be lost and a payment not counted.

However, your main tenant is required to continue paying rent, even if the subtenant does not pay them. While it may be incredibly frustrating if the subtenant does not commit to their rent, you still need the regular rent payments. Make your expectations clear to your current tenant to avoid any mishaps.

If you follow these steps along with your local laws, you can handle subletting requests from student tenants like a pro. Treat it as you would a regular lease with just a few extra steps involved. Responsibility does not only fall on you, but your student tenant as well.