The North Carolina sublease agreement is a contract between a tenant (“sublessor”) and a new tenant (“sublessee”). The sublessee gains access to all or part of a rental property in exchange for recurring payments. The sublessor must obtain permission from the landlord in order to sublet the property.
Subletting Laws in North Carolina
Like many states, the laws of North Carolina neither prevents or explicitly permits subletting, which is why it’s essential that leaseholders consult their lease before entering an agreement. Even if the lease states that subleasing is permitted, it’s a good idea for the original lessee to mail a letter to the landlord stating intent. This letter should be mailed via certified means so that there is evidence of delivery and receipt in case the landlord challenges the sublease. After mailing, the tenant should wait 30 days, and if there is no response in this period, then consent can be legally assumed.
What to Include in a North Carolina Sublease Agreement
- The name of the sublessor (original tenant), his or her mailing address, the name of the sublessee, and his or her mailing address.
- The term of the sublease, including start and end dates.
- The address of the unit being subleased.
- The reason for the sublease. This should include whether the sublease is permanent or not.
- The utilities that are included with the sublease and whether the sublessee will be responsible for all utilities.
- The signature of both involved parties.
- A copy of the original lease for clarification of lease terms and tenant responsibilities.
- The written consent of the landlord (if applicable).