A sublease is essentially a miniature version of the original lease, in which the renter takes on the role of a landlord and the subtenant will take on the role of a typical tenant.
There may be several contexts in which subleasing a property is useful, such as the need to rent a space to get through college.
In Missouri, the initial tenant must request written permission from the landlord before proceeding to rent the property to a subtenant.
Sublease Agreement
Before initiating a sublease agreement with a new tenant, it's good to understand what to include in the new lease. Consider the following elements:
- Names of any new tenants
- Name of the sublessor/original tenant
- Address of the property
- Expected rent amount and who to pay rent to
- Security deposit requirements
- Utilities to be paid
- The period that the subleasing contract will be active for
- Signature of the landlord, new tenant, and initial tenant
- Any additional rules of the subleasing arrangement not covered elsewhere
- A copy of the original lease
How to Write One
Before you even get started, you must seek written permission from your Missouri landlord before you sublet the property under a new lease. Beyond that consider the following as you draft your agreement:
- Describe the property adequately
- The name of the subtenant you intend to rent the property to, as well as any children or other tenants, should be present
- Ensure that any restrictions are adequately documented
- The subtenant needs to know who they should be paying, how to pay, and where to pay rent
- Original lease guidelines will cover landlord requirements and guidelines given by Missouri law. These must be provided and followed
- Signature facilities must be provided on the document
Subletting Laws
According to Missouri laws, a sublessor is responsible for seeking written permission from the landlord before proceeding to rent the property to a subtenant. Additionally, if the original lease forbids subletting, then no such agreement should be established.
Bear in mind that a Missouri landlord who did not give written approval and finds that subletting is taking place can double the rent that must be paid.
Sublessors
As the sublessor in a Missouri sublease agreement, there is the responsibility of ensuring that the original lease requirements are met such as paying of rent. Beyond that, the person will also become responsible for duties that are typically those of landlords such as giving adequate notice for eviction.
Build Your Own
A sublease will require the drafting of a proper agreement. DoorLoop will assist you with easy-to-use drafts that will capture everything the new lease should as you sublet the space. Use them below:
eSignature
Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.
With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.
DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.
For more information about DoorLoop, learn more or schedule a free demo.
Conclusion
A sublease, as the name implies, is a subsequent lease between a current tenant who has decided to sublet the space, and a new tenant. The sublessor is liable for upholding the requirements of the initial lease, which means the contract must be comprehensive. Take advantage of the convenient forms above!
FAQs
Is It Illegal to Sublet a Rental Unit in Missouri?
Missouri laws don't forbid subletting a unit, but if the original lease does, it should not be done.
Under What Circumstances Can a Tenant Get out of a Missouri Sublease?
Active military duty, an unsafe living environment, or violation of harassment and privacy laws by landlords are all grounds to exit a sublease.
Are There Consequences to Initiating a Sublease Agreement with No Landlord Permission?
Yes. When renting parties do this with no permission, landlords can legally double rent in Missouri.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.