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have you ever had a friend asked to
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crash on your couch for a few weeks or
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needed to move out of your apartment
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before your lease was up if so then you
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may have found yourself in a situation
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suing but do you really know the
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difference between the
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two hello everyone and welcome to
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another video of real estate licens
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and today we are stepping into the world
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of subletting and suing these two terms
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might sound really familiar and similar
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to you but there are distinct
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definitions differences pros and cons
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that you must be aware of if you want to
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pass your real estate
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exam let's start with some definitions
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first up is subletting subletting is a
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situation where a tenant rents out their
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least space to a third party for a
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portion of their remaining lease in this
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case a tenant is still responsible for
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paying the rent to the landlord while
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also managing the subtenant a good
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example for this might be if you wanted
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to rent out your apartment while going
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on a long vacation to the Bahamas
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because you're lucky in this case you
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would be still paying your rent and
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managing your subtenant our second
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important definition here is suing suing
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on the other hand is when a tenant
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transfers their entire remaining lease
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to a third party which means that the
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original tenant is no longer responsible
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for paying the rent or managing the
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apartment and there's no such a thing as
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a subtenant a good example for this
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might be if you would get a great job
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offer from a different city before your
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lease is up on your current
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department for instance you get elected
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as the next president of the United
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States so you must be moving to
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Washington in a hurry in this case your
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best option would be to subl your
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apartment in order to see the difference
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here from a legal perspective we must
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see that while during subletting the
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original tenant still has a legal
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relationship with the landlord plus also
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has a new legal relationship with the
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subtenant during subas this is different
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because while suing the original tenant
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stops having any legal relationship ship
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with the landlord while a new legally
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binding relationship is put into place
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between the new tenant and the
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landlord but what are the pros and cons
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of having a sublet or a suas from a
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tenants and the landlord's perspective
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subletting might be highly beneficial
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for you as a tenant if you would like to
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leave your apartment for a certain
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period of time but then later you want
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to return and and if you don't want to
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have this situation impact your credit
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score in any ways but what happens if
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your subtenant destroys your kitchen
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night well you might be in trouble
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because you are still responsible in
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this case for your apartment for your
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subtenant for paying your monthly rent
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which might be another issue because
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sometimes sub tenants fall behind on
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payments or do not respect the
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apartment sub leasing can provide you
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with a good way of getting out of your
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early however you will remain
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responsible for the initial
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lease it also prevents subers from
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paying for multiple leases and
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properties on the darker side it might
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mean that you as a Subler
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have to charge less for the first
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property's monthly rent if you really
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want to get out of your apartment and
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lease from a landlord's perspective both
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subletting and suing may present a
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number of risks this is why historically
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speaking landlords would prefer to
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maintain control over who staying in the
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property because that person might again
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break the lease or then the unit when it
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comes to subletting and allowing a
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sublet to happen the bright side of the
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story is that the subtenant is most
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probably paying the monthly rent um and
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is taking care of the apartment the
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apartment is not empty not vacant and
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stays in good good conditions hopefully
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um a darker side of the story might be
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if the person doesn't meet the standards
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of the landlord for a start when it
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comes to subl the bright side is that
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somebody is again taking the apartment
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um has to meet with the standards of the
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landlord and is taking care of the place
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and is paying the monthly rent um and
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that's a legally binding situation so
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it's much clearer for the
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landlord however this person might break
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the lease for instance uh which is a big
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risk to take in certain
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jurisdictions uh a landlord is required
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to allow subletting and suing to happen
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it's it's very much dependent on which
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jurisdiction we're talking
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about now let's take a look at least
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terms and details of these new
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agreements in case of a sublet the
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primary tenant will write up a new
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agreement between themselves and the
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subtenant while in case of a sub leas
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the landlord is responsible for drafting
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that agreement between themselves and
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in each case these agreements include
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the name and contact information of the
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leiser and Ley property description and
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address the length of the rental
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agreement rent this includes amount and
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payment schedule fees and security
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deposits included costs such as
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utilities Furniture Etc restricted
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activities like smoking owning pets and
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consent from the landlord via date and
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signature in summary subletting and
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suing are really similar Concepts but
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you must be aware of the key differences
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for your real estate exam subletting
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involves renting out the lease space for
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a portion of the lease while subleasing
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is a transfer of the remaining leads to
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a third party both have pros and cons
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for landlords and tenants and you must
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check out local laws and regulations and
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Lease agreements before entering into a
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sub leasing or subletting
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Arrangement if you enjoyed watching this
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video and you are looking to learn more
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about the legal aspects of real estate
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such as agreements and contracts and
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arrangements and I recommend you to
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check out our real estate contract crash
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course and to like subscribe and hit the
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notification Bell in order to stay up to
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date with our latest videos thank you
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for watching see you next time
