What is a Sublease?

Subleasing is when the individual listed on the lease legally identifies someone else to "take-on" either the entire lease or a portion of it. This situation may arise if you intend to temporarily or prematurely terminate your lease. For instance, if you plan to vacate during the summer months or when you go abroad for a semester, subleasing provides a practical solution to avoid financial loss. Another reason why someone might choose to sublease is if they no longer wish to live in the orignal place they are leasing from and need to find someone to sublease. There are many reasons why people choose to sublease. 

There are two types of Subleases:

• Short-term sublease: a short sublease within the original lease term, meaning the original tenant will return.

• Long-term sublease: a sublease that takes over the remainder of a lease term, meaning the original tenant will not return. This is often called an “assignment” or “lease transfer”

Things to consider when you are subletting your place:

In the state of Colorado, your lease might either permit or explicitly forbid subletting. It's important to review your lease to find details about subletting your property and have a direct conversation with your property manager if you're interested in subleasing. The terms related to subleasing should be clearly outlined in your lease agreement. You have the option to discuss these lease aspects with a lawyer at no cost through CU’s Off-Campus Housing & Neighborhood Relations. Keep in mind that you bear the ultimate responsibility for rent payments and property maintenance and damages, unless the property manager has agreed to release you from liability on the original lease entirely. When searching for a sublessee, consider the following factors:

• The responsibility for rent payments will shift to the new subtenant. Yet, unless the property manager fully releases you from liability, you remain accountable for rent if the subtenant is unable to pay. It is good to obtain references from potential subtenants especially if you do not know them. The subtenant has the option to make rent payments either directly to you or to the property manager

• The subtenant will be responsible for maintaining the property, although you may be responsible for damages.

• Talk to your property manager about your security deposit. The subtenant may also pay you a security deposit, in which case you will be responsible for providing an accounting of the security deposit at the end of the sublease.

• Finding a subtenant for the property may require some time, as there is often an imbalance with more individuals seeking to sublet than those actively searching for subleases, especially in the summer months. It is advisable to initiate the process as early as possible.

• Depending on whether the sublease is long term or short, some furnishings may be left behind at the residence, meaning that you can leave some of your furniture if both you and the subtenant want that.

• Be sure to get everything in writing to avoid disputes

Things to consider if you are subletting from someone else:

If you are the prospective subtenant, it is important to communicate with both the property manager and the previous tenant to align expectations and prevent any confusion. This ensures clarity regarding each party's responsibilities in the arrangement. Remember:

• You will be responsible for the terms of the original lease. Check out things to know before signing a lease.

• Ask the former tenant about a security deposit, which they may or may not require.

• There are often many options to sublet a place. Be sure to find a place you like as you could potentially take over the lease as a long-term lease.

• You may also be asked to sign a sublease agreement in which the former tenant may outline terms regarding how you’ll pay rent. You can always go over these aspects of your sublease and/or lease with an attorney through Off-Campus Housing & Neighborhood Relations.

• Be sure to get everything in writing to avoid disputes.

Just like a lease, a sublease agreement is legally binding. Most likely, the subtenant will be held to the same lease as the former tenant. If you’re subletting your residence and drafted a sublease agreement with the subtenant and property manager, remember to document the condition of your apartment with photos and notes. This ensures any damages that might occur while you’re away will be covered by the subtenant. If you are a subtenant, you will want to note and photograph any damages that are present when you move in. This helps prevent damage disputes. 

Remember that if you are the new tenant that will be subletting, you will need to come to an agreement about these considerations with the former tenant. Sublease forms are available upon request from Off-Campus Housing & Neighborhood Relations. You can find a sublease or list your place as a sublease on Ralphie’s List.

Legal advice from CU: There is no such thing as a “standard lease.” Never sign a lease if you don’t understand a clause or have questions about your responsibilities. Remember – once you sign, it’s almost always too late to ask questions and change any of the provisions.

• Free lease review from CU:  Schedule an appointment by calling 303-492-7053 or go to there website linked here.

Student Legal Services phone number: 303-492-6813

Taking a semester abroad is a popular reason for CU students wanting to find a sublease. This is something you want to consider before going abroad. Make sure you give yourself plenty of time beforehand to make sure you are prepared. This includes (but is not limited to): finding someone before even signing your lease so you are prepared, letting your roommates know before you all sign the lease, checking your lease to make sure you can sublease ahead of time, etc.