Renting Out Your Apartment When You're Not Living There

Is it legal to rent out your apartment if you are no longer living there? The answer to this question often involves a mix of legal considerations and the terms of your original lease.

Understanding Subleasing and Renting

First, it's important to distinguish between subleasing and outright renting. If you still own the apartment but are not living in it for whatever reason, you may wonder if you have the right to sublet it. Subleasing involves allowing a third party to live in your rented apartment for a certain period, while outright renting means transferring your lease to a different tenant permanently.

Who Owns the Apartment?

Legal ownership plays a critical role in subleasing. If you no longer own the apartment but are paying rent to another individual, this is a very suspicious arrangement and could be illegal. If you have no legal rights, it’s best to avoid this situation. The person you are paying might not be the legal owner, and you could face legal issues.

Lease Terms and Subleasing Rights

If you are still under a lease with a property owner, your lease will dictate whether you can sublet. If your lease doesn’t allow for subletting, you typically can't do so without the owner's explicit permission.

It is wise to review your lease agreement thoroughly. Many leases will outline the conditions under which subletting is permitted. If you find that subletting is not an option, you could speak to your landlord about having a roommate, although this might require a new lease agreement.

Clearing the Air with Your Landlord

If you have the right to sublet, you can negotiate with your landlord to find someone who can legally take over your lease. Your landlord may conduct a credit check and require a payment of first and last month's rent and a deposit. However, the landlord still retains the right to hold you to the lease term and may face costs associated with finding a new tenant.

Understanding HOA Rules

If the apartment is part of a homeowners association (HOA), you should check the HOA rules and your lease agreement. These documents often provide information on the regulations and processes for subletting. There might also be local ordinances that govern rentals, so it's essential to understand all applicable laws.

Conclusion

Deciding whether to rent out your apartment when you're no longer living there involves a careful review of your lease, HOA rules, and local laws. It's important to ensure you are acting within legal boundaries and protecting your own interests. As always, consulting with an attorney can provide valuable guidance in navigating these complex matters.