Read further to learn more about the rules & regulations surrounding subletting in Idaho, whether for residential or commercial tenancy.
What is a Sublease Agreement?
With a sublease, a lessee can become the sub-lessor, which means that they enter into a legally binding agreement with a sub-lessee similarly to how they entered into a similar arrangement when they signed the original lease. These documents aren’t just useful for a lessee who wants to rent out their apartment or a space in their apartment, but they also protect the sub-lessee because the document is legally binding and provides the same rights and responsibilities.
This type of agreement is especially useful for students that don’t necessarily need to stay in their rental units for the full duration of the year. During the summer and winter breaks, the original signer of the lease can easily take on another renter that will ensure that the rent is paid while the original tenant travels or goes home. This is also very useful when a tenant is moving but still has time left on the original lease; the sub-lessee can pay the rent so that the original tenant isn’t paying a new mortgage or rent atop of the old rental value of the unit.
Unlike a traditional lease, a sublease agreement isn’t quite as rigid. It’s reasonably easy to break, which can be somewhat disadvantageous for a temporary renter, but since most sublease agreements tend to be short-term, this usually isn’t much of an issue. It’s critical for anyone looking to enter into a sublease agreement to understand that subleases aren’t always allowed on every property. Additionally, any agreement between the original tenant and the sub-lessee doesn’t affect any arrangements established in the original lease, and the landlord is not in the agreement with the sub-lessee.
How to Write a Sublease Agreement
Despite the high degree of flexibility, it’s a good idea to include some essential sections in the sublease agreement so that there’s no confusion and the document is complete. First, it should be noted that, under the Idaho Landlord-Tenant Property Law, tenants can legally sublet their property as long as there are no rules explicitly forbidding it. Here are a few things to consider adding to the document for clarity and legality:
The Involved Parties
As a legally binding document, it’s essential that the agreement include the names of the involved parties. This means that both the sub-lessor (tenant) and the sub-lessee will have to sign at the top of the document.
The Tenant’s Address
Since some tenants opt to move out during a sublease, it’s a good idea to include a forwarding address for rental payments, mail, and other correspondence. For the sake of coverage, some sub-lessors also include the reason for subletting the property as well.
The Sublet Area
Not every subleased unit is to be used in its entirety by the sub-lessee. Sometimes, a smaller area is subleased so that an elder individual can more easily pay the rent. In addition, sometimes, there are multiple sub-lessees in a unit. When establishing an agreement, it’s imperative that the sub-lessor outline the portions of the unit that will be allocated to the sub-lessee to use.
Terms of the Sublease Agreement
For informational purposes, it’s a good idea to precisely lay out the beginning of the sublease as well as the period in which the current lease will extend. So that the sub-lessee understands the rules of the property, a copy of the original lease can be provided. It’s also crucial for the sub-lessee to know that any behavior that falls outside of the terms of the lease can lead to eviction for both the sub-lessee and the original tenant.
When it comes to terms, every lease in the state of Idaho includes a section explicitly stating that rent must be paid on time. For clarity, the primary tenant should also include information about:
- How much rent is due every month.
- The rental due date.
- Where to pay the rent.
- The amount of the full-term rent.
- Whether or not the sub-lessee will have to pay utilities for the unit.
The Amount Required for a Security Deposit
In the agreement, if there is a security deposit required for the rental, it’s imperative that the amount of money needed by the landlord is explicitly laid out. In addition to this, the number of days that a landlord has to provide the security deposit as well as the days the landlord has to explain the retention of the security deposit without returning it to the tenant should be provided.
Since not every property allows this, it’s vital that a sub-lessor provide incontrovertible proof that the sublease is permitted by the landlord or management company. It should also note if the sublease is binding without the landlord’s consent.
Rules of the Property
Every rental property has rules that all tenants must abide by in order for the lease to be considered valid. Here are a few subsections to include for a sub-lessee:
- Policies Relating to Pets: In many cases, the policies on pets in various rental properties can vary significantly. For example, while some properties allow cats, those same properties may limit the breeds of dogs allowable in specific units. Also, to ensure proper coverage against pet-related damages, some properties may charge a pet fee. If a sub-lessee has an animal, then all of the property’s policies on owning a pet will need to be included in the agreement.
- Noise Policies: For the sake of the peace of mind of all of the tenants, it’s not uncommon for some rental properties to establish “quiet times,” where no one is allowed to have loud parties, to have disruptive guests, or to move furniture. Any rules pertaining to this will need to be laid out.
- Policies on Smoking on the Property: It’s imperative that the building’s policies on smoking on or near the property be outlined clearly. A copy of all policies, which can usually be found in the lease materials, should be included.
Signatures and Date
Finally, the agreement should be signed and dated for legality. In addition, there should also be a blank space where both the sub-lessor and sub-lessee can print their names.