Grab your FREE North Carolina residential sublease agreement sample and read further about subletting laws in North Carolina, required disclosures, optional addendums and what other North Carolina landlord-tenant laws apply to residential sublease agreements.
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What is a North Carolina Sublease Agreement?
When a tenant needs to leave the premises of his or her rental unit, they are legally liable for the rent for the period that they are away. This can be for a short period – like a summer or winter session for college students, or this can be a period that spans to the end of the lease period. As a result, this can be very costly, especially if the tenant breaks the lease, which is why many tenants take on a sub-lessee. With a sublease agreement, the lessee becomes the sub-lessor, and his or her renter will effectively take over the lease while the original lease signer is away. This new renter is called the sub-lessee, and this arrangement can be very beneficial for both parties.
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 sub-lessor (original tenant), his or her mailing address, the name of the sub-lessee, 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 sub-lease and whether the sub-lessee 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).