In the hit TV series, Friends, the characters of Monica Geller and Rachel Green used to share an apartment. The apartment is under Monica’s name (since this used to be occupied by her grandmother) and Rachel is renting from Monica. This arrangement, called Subletting, is quite common. It’s not necessarily illegal, but if you plan on subletting a room or the unit you’re renting itself you have to do right. Inform the landlord and formally request his permission.

If nothing is stated in your residential lease agreement about sub-letting, securing permission from your landlord may no longer be necessary (but out of goodwill and trust, inform him just the same). However, if a clause is specifically mentioned in your contract, you have to get your landlords approval first. Verbally informing your landlord of your plans and getting a verbal go-ahead is not enough. The proper way of going about subletting is to accomplish a form called “Permission to Sublet”.

The Permission to Sublet form, which can be made by real estate lawyers or downloaded from the internet, simply states that the primary tenant is requesting permission from the landlord that a part of or the entire unit being leased be rented out to another party. The Permission to Sublet document should, at the very least, state the length of time the property will be sublet and the full details (name, address) of the sub lessee. Individual responsibilities and penalties should also be outlined in the document.

In case the landlord agrees to this arrangement, he will affix his signature on the permission form. Incidentally, despite having a sub lessee, the landlord will hold the primary tenant responsible for any damages on his property.

Once permission is granted, the tenant would prepare other forms and documents between him and his sub lessee.

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