The Connecticut sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Connecticut?
A tenant does need the landlord’s explicit written consent to sublet in Connecticut as the law does not inherently give tenants the right to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a low credit score or criminal history.
Standardized Connecticut Sublease Agreements
A standard form can be used in Connecticut to create a sublease. Here’s what is generally included in a Connecticut sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Term – State the exact date of the sublease beginning and ending date.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Utilities – The utilities that are to be paid by the Sublessee and those that are paid by the Sublessor.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor continues to have the ultimate responsibility to pay for any damages that impact the landlord as stated in the original lease agreement.
- Authorized Occupants – A list of the new subtenant(s) and those that are authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – This security deposit is held by the Sublessor (not the landlord). Connecticut state law requires that the security deposit be limited to no more than two month’s rent. If the subtenant is 62 years old or older, they can only be charged one month’s rent.
- Pet Deposit – If the subtenant has a pet, the landlord can charge a pet deposit but the total security deposit cannot exceed two month’s rent (or one month for subtenants 62 or older)
- Return of Security Deposit – Connecticut law requires the security deposit to be returned within 15 days after a tenant provides a forwarding address or within 30 days after the lease term ends, whichever is later.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Parking Policy – Where the subtenants and guests can park, including any fees assessed.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
Tax Implications of a Sublease in Connecticut
In Connecticut, a sublessor may be subject to the Room Occupancy Tax if they sublet a property for less than 30 days. The room occupancy tax is 15%.
