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A New Jersey sublease agreement is a legal document that allows an original tenant or "sublessor" to sublet a property to another person, considered the new tenant or "sublessee."
Under this agreement, the sublessee pays the rental obligation to the sublessor and gains access to a full or partial space. However, there are a few things that a tenant who wants to sublet a property should know before drafting the contract.
Sublease Agreement
These contracts are useful for tenants who take on a summer semester and cannot stay in the sublet spaces for the agreed term, which could break the terms set in the original lease agreement, or when a financial burden may make it difficult for them to pay rent.
A sublease agreement is a legal instrument where a tenant signs their rights to the unit, agrees to make rent payments, and the property is in as good a condition as possible.
What to Include
Regardless of why an original tenant wants to sublet a property to a new tenant, a New Jersey Sublease Agreement typically includes:
- The personal data of the sublessee and the sublessor
- Description of the subleased property, including the address
- Details about utilities and which ones are the responsibility of the sublessee
- Information about the security deposit
- The lease terms, including who makes the payments to cover damages that go beyond normal wear or if pets are allowed
- Signatures of the parties involved, proving that the subtenant agrees with the set conditions and the sublessor understands the subtenant's rights
- Written permission by a landlord if applicable (in some cases, the landlord must sign the sublease agreement)
How to Write One
Tenants who plan to sublet to rental property should check if the master lease (also known as the original lease agreement) allows them to do so.
After that, if there is no term prohibiting this action, they must follow these steps to draft the sublease agreement under the state's subletting laws:
- Identify the sublessor, sublessee, and landlord (if applicable)
- Detail the lease terms
- Clarify the sublease period
- Set financial responsibilities
- Give information about the security deposit
- Date and sign the document
- Attach the original lease (copy)
Special Laws
In this state, there are no specific subletting laws as long as the original lease does not prohibit such action. If no clause prohibits the tenant from renting a leased unit to someone else, the first lease's terms remain the same.
However, New Jersey requires sublessees to submit a written confirmation informing them of the sublease process and obtain their consent before signing the agreement.
Sublessors
Although the subtenant agrees to pay the monthly amount and comply with the property condition terms when signing the lease, the sublessor is responsible for any unpaid rent and damage caused to the subleased unit.
In addition, anyone who sublets a leased space must return the security deposit within 21 days before the subleasing period ends and give written notice to the subtenants if there's an eviction order.
Build Your Own
Do you want to draft a sublease agreement but don't know how? DoorLoops has all the tools you need. Whether you want to save time or think writing the document is too complicated, it can give you a hand. Here are some free templates to make the process much easier:
What Is DoorLoop?
DoorLoop was created in response to a growing need for a platform to help manage rental businesses. You can use the software to run background checks, create professional leases, and track rental payments on one intuitive platform.
To see it at work for yourself, schedule a free demo.
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
An original tenant can sublet a property in New Jersey. However, they must verify that the original lease agreement does not include a clause prohibiting subleasing. In addition, they must comply with some state rules to avoid legal problems.
Webinar
DoorLoop hosted this webinar with attorney Craig Rothenberg from The Law Office of Craig Rothenberg to help answer many of your legal questions. Craig specializes in real estate law and evictions in New Jersey and we covered:
- Landlord-tenant issues and laws
- Grounds to evict a tenant
- Eviction process
- Preventing delays or fines
- Hiring an Attorney vs DIY
- Post COVID legal changes
Feel free to learn more and watch this webinar for free.
FAQs
What Rights Is the Sublessee Entitled To?
A new tenant or sublessee is entitled to the same rights as the original tenant, including those related to contract extension and reinstatement.
Is It Legal to Sublet Property in Jew Jersey?
Yes, if the original lease does not contain provisions prohibiting subleasing, a tenant may sublet a property under the landlord's lease and in compliance with housing or occupancy regulations.
Who Can Sublet a Property in New Jersey?
Any tenant can sublet a rental property as long as they have permission from the landlord and it does not violate the original contract.
However, this option is helpful for tenants who have to be away for a few months and do not want to face the consequences of breaking the original agreement.
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