The Oregon sublease agreement is a legal contract that allows a tenant to rent (“sublet”) rental property to a new tenant (“sublessee”). With the landlord’s approval, the sublessee makes periodic payments that may or may not be equivalent to the rent due on the initial tenant’s lease.
A sublease may be used for all or a portion of the remaining term of the original lease. The original tenant remains fully responsible for the rental unit in addition to having shared responsibilities with the sublessee.
The sublessee signs the sublease agreement that has a clause in it that states that the sublessee agrees to follow the terms and conditions of the original lease for the rental unit. The sublessee should be given a copy of the original lease that becomes a part of the sublease agreement.
If the sublessee fails to follow the terms and conditions of the lease agreement, then the original tenant is still held responsible. This includes any unpaid rent or damage to the rental unit caused by the sublessee. The original tenant becomes like a landlord for the sublessee.
Subletting Laws in Oregon
To sublease all or a portion of a rental unit, the original tenant must have permission from the landlord in writing. The landlord must sign the sublease agreement. Moreover, the landlord usually exercises significant control over who is allowed to sublease the rental unit and under what conditions.
The application review process, credit history, and background check are the same as used for the original tenant. The landlord cannot unreasonably withhold approval if subleasing is allowed; however, the landlord can deny approval, if the proposed sublessee does not pass the normal tenant screening process for new applicants.
What to Include in an Oregon Sublease Agreement
An Oregon sublease agreement states the terms and conditions of the sublease that include:
- The rent, due date, and how it will be paid.
- The portion, if not all, of the rental unit that is subject to the sublease.
- If utilities are shared, a description of how the allocations will be calculated.
- A copy of the original lease with a statement that it is part of the sublease.
- The original tenant, sublessee, and the landlord must sign the sublease.