The Pennsylvania sublease agreement allows an existing tenant to rent (“sublet”) all (or a portion) of a rental property to a new tenant (“sublessee”). Under this contract, the sublessee gains access to the property in exchange for regular, recurring payments toward the initial tenant’s rental obligation. The sublessee must be approved by the landlord and pass a tenant screening process. The sublessee assumes some or all of the obligations of the original tenant under the lease.
Subletting Laws in Pennsylvania
Just because a rental unit is subleased, this does not mean the responsibility of the original tenant decreases. The original tenant remains responsible for whatever the sublease tenant does. If the sublease tenant does not pay the rent on time or damages the rental unit, the original tenant is the one that is ultimately responsible.
The sublease tenant signs a sublease contract that includes a copy of the original lease, which becomes a part of the sublease contract. This sublease contract is signed by the sublease tenant, the tenant on the original lease, and the landlord.
If subletting is allowed under the original lease, then the landlord cannot unreasonably withhold any approval of a qualified sublease tenant. The application process must be successfully passed that any other applicant would have to pass, which includes credit and background checks. The sublease tenant needs to prove income and have the financial strength and good reputation that qualifies them to enter into the sublease arrangement.
What to Include in a Pennsylvania Sublease Agreement
To prepare a sublease agreement in Pennsylvania, here is a checklist of the important things to include:
- The original lease as part of the terms and conditions that apply to the sublease tenant.
- The amount of the rent, day of the month it is due, and when it will be considered late.
- Acceptable rent payment methods and to whom the rent is to be paid.
- A description of the rental unit or the portion of it that is being subleased.
- How any calculations for allocations of utility expenses will be made.