Grab our FREE Maine residential sublease agreement sample and read further about subletting laws in Maine, required disclosures, optional addendums and what other Maine landlord-tenant laws apply to residential sublease agreements.
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What is a Maine Sublease Agreement?
When a tenant is no longer able to keep up their end of the rental agreement because they need to leave the area for a while, they can sublease the property so that the rent gets paid, and they do not have to break the terms of the lease. The rights that the original tenant had will be signed over to another individual, and all of the same terms will apply to the new tenant until the date that the original agreement expires. In this type of arrangement, the new rent r will be called a sub-lessee, and the original renter will be the sub-lessor.
Subletting Laws in Maine
In the state of Maine, a tenant who is considering subletting a property that they rent will be permitted to do so unless the original lease strictly forbids this action. Within the state, there are no specific laws that have to do with subletting units, so there should not be an issue doing so when a tenant would like to sublease the unit for a short period of time for the remainder of their lease. Most landlords will want to know about the process taking place, so make sure to make a formal request in writing to get their consent.
What to Include in a Maine Sublease Agreement
- The full names of the sub-lessor and the sub-lessee will need to be included in the document.
- The mailing address of the unit, including any unit numbers.
- The dates of the agreement, and any other terms that the sub-lessee will need to know about, and whether or not they can renew the lease when it expires.
- The amount of rent that the sub-lessee will need to pay each month and where it should be paid.
- The security deposit that the sub-lessee puts forth and the amount of time that the landlord will have to return the deposit when the unit is vacant.
- The signature and the date of both parties, as well as the consent of the landlord, if they require it.
When a tenant is not capable of holding up their side of the rental agreement that they signed, the tenant can choose to put a sublease agreement into practice with another person. This is a solution that allows the tenant to hand the lease over to another party so that they do not need to break the lease that they signed. This new arrangement is something that places a contract between the original tenant and the new party. All of the terms of the lease are passed on to the new tenant. When this type of agreement occurs, the new tenant is called the sub-lessee, and the original tenant becomes the sub-lessor.
The new tenant is going to need to take over the responsibilities of living in the rental unit, which will include paying the rent that is due on time each month. They will also need to take care of the space and make repairs or arrangements for the repairs to be made. The terms of the original lease are not void, so if the new tenant is late paying rent, the landlord is likely to contact the original tenant to get the rent they are owed. To make sure that the sub-lessee is going to be responsible for the payment of the rent and the late fees that have accrued, include it all in the sublease agreement so that in writing. If the original tenant has no intention of continuing living in the unit when the terms of the lease run out, then maybe the landlord will permit the sub-lessee to take over the lease as an official new tenant.
When the original tenant is looking for a sub-lessee to take over the unit for a certain amount of time, it is essential to make sure that the new tenant is going to be a good tenant. To do this, the sub-lessor may want to do a background check or a credit check on the potential new tenant before accepting them into the unit. Any actions that they do that could get them removed from the property will go back on the original tenant because their name is still on the lease.
In the state of Maine, not all of the landlords that have rental property will permit the tenant to create a sublease agreement on their property. If it is not allowed, there is likely to be a clause in the original lease that states that subleasing the unit is not permitted. Some landlords will permit these types of arrangements, but they may require the original tenant to get the approval of the landlord before the new tenant moves in. This way, the landlord still has some say as to who lives in their property.
How to Write a Sublease Agreement
In the state of Maine, there are going to be a few different things that need to be included in a sublease agreement. The essentials include:
Indicate the Parties
The first thing that you should see in a sublease agreement is the names of the parties that will be taking part in the agreement. Typically, this document will begin with the full name of the new tenant, followed by the full name of the original tenant. For both individuals, an address and a phone number where they can be reached will be required as well. Also, make sure to include the name of the landlord and their phone numbers as well.
Describe the Property
Next, make sure that the unit that is up for rent is described. This will help the new tenant identify the property when they are ready to move in. The full address of the unit should be listed here as well as any cross street. Also, the sub-lessor can mention in this section whether or not they decided to leave furniture behind for the sub-lessee to use and whether it is expected that they return it when they vacate the property.
Define the Rental Agreement and the Security Deposit
The next section should discuss the terms of the new arrangement. Make sure to start the section with the dates of the sublease agreement as well as the original lease. The amount that the sub-lessee will need to pay for rent each month should be covered here as well. Also, include the late fee that will need to be paid if the tenant is late paying their rent.
Make sure that the information about the security deposit is also listed in this section. With many sublease agreements, the original tenant takes care of this aspect of the rental, but the landlord may require it with a sublease agreement. If this is the case, make sure to include the amount that is due for the initial payment. In the state of Maine, the security deposit cannot be more than two month’s rent.
Rules for the Unit
In this section, any information that is important for the sub-lessee to know about the rental should be included. This could be things like a noise policy, a smoking policy, or a pet policy. In addition, any of the disclosures that were included with the original rental agreement should be included here as well. In the state of Maine, the disclosures that a new tenant will need to be aware of include a lead-based paint disclosure, a radon disclosure, and a bedbugs disclosure.
Signature Section and Landlord Consent
The final section of the document that will need to be completed will be the signature section. Here, both the sub-lessor and the sub-lessee will need to print and sign their names. They will also need to place the date under the signatures to indicate that it is a legally binding document. Also, if the landlord requires the original tenant to get their consent before a sublease agreement can be considered, they will be able to do so in this document as well. Save space at the bottom of the document for the landlord to sign and date the agreement as well.