Grab our FREE Oregon residential sublease agreement sample and read further about subletting laws in Oregon, required disclosures, optional addendums and what other Oregon landlord tenant laws apply to residential sublease agreements.
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What is an Oregon sublease agreement?
An Oregon sublease agreement permits a tenant who is the original lessee of the property to assign all or a portion of their leasing rights under the lease agreement to another party called the “sublessee” or “subtenant.”
A sublease may be used for all or a portion of the remaining term of the original lease. The sublessee pays rent to either the original tenant or the landlord to take over the obligations for all or part of the rental unit or all or part of the time remaining on the lease.
The original tenant must have written permission from the landlord to be able to sublease the rental unit. 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 subtenant. The original tenant becomes like a landlord for the subtenant.
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 subtenant 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, subtenant, and the landlord must sign the sublease.