Navigating
Subleasing
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Subleasing Terms
Lessor
Landlord
Lessee
Original Tenant
Sublessee
Subtenant
Sublessor
Original Tenant designation in a
sublease
What is a
Sublease?
A transfer by a lessee of only
part of the lessee's interest in
the whole, or part, of the
leased premises, with the
reservation to the lessee of a
reversionary or possessory
interest
Also known as a Sublet
Can I Sublease
my apartment?
Absent any lease terms, a
tenant may sublease the
premises for the remainder
of the term or a portion of
the term of their lease
without conditions
A Landlord is allowed and typically requires their
consent to sublease
A Landlord may not “unreasonably withhold”
consent
Landlord’s In refusing to consent it is reasonable to consider:
Consent to Financial responsibility of sublessee
Sublease Credit Score/History
Poor payment record
Record of eviction(s)
Debts, judgements, bankruptcy, insolvency
Sublease without
Consent
Subleasing without consent is a breach
of the lease
Sublease becomes Voidable at
Landlord’s discretion
Difficulties holding “subtenant”
responsible for rent and damages
Unadvisable to sublease without
consent
Red Flag
City
Ordinances &
Illinois Law
Champaign City Ordinances
Illinois State Law
Noordinances in the City of Champaign
regulating subleases
NoIllinois statutory law requiring a
landlord allow subleases
Urbana City Ordinance – Chapter 12.5
Sec. 12.5-10.(a)(6)
Landlords cannot prohibit a tenant from subleasing the rental unit
Sec. 12.5-10.(a)(8)
Landlord cannot charge a sublet fee that is beyond the Landlord’s actual costs
Sec. 12.5-10.(b)(1)
Landlord cannot accelerate rent
Landlord cannot charge a higher rate of rent than contained in current lease
Finding a Subtenant
Find someone you know to take
the apartment
Ask friends or relatives
Ask your landlord if they know
anyone interested
Online services to advertise
Use with caution
Finding a Sub-tenant
Landlord is not obligated to find a subtenant
Divergent interest in filling vacant units over sublease
Security Deposit
Not necessarily a condition of the sublease agreement
SLS Cannot represent a student v. student case
(tenant v. sub-tenant)
Risks in
Subleasing
ORIGINAL TENANT
A sublease is NOT a release from the
lease
Primary responsibility shifts to
subtenant
If subtenant fails to pay rent or does
damage to the property, the original
tenant can be held responsible
Student Legal Services cannot represent
one student against another.
Risks in
Subleasing
SUBTENANT
You may have an agreement to pay less
than the actual rent.
If the original tenant fails to pay their
share of rent you can be evicted
Fees for late or partial payments may also
be added
You may be pursued for all costs and rent
owed.
Student Legal Services cannot represent
one student against another.
Tips for Sublessors
Request and get permission, in writing, from your
landlord to sublease
Be sure your sublease is in writing. Make sure it is signed
and dated by your landlord, the subtenant, and yourself.
KEEP A COPY.
Obtain a damage deposit from subtenants
Never leave any utilities in your name (water, lights,
cable, internet etc.)
Know the financial history of your subtenants
Tips for
Sublessors
Obtain a local AND “at home” address of
your subtenant(s) in the event of a
lawsuit
Walk through your apartment with the
landlord before you move out to verify
any damage, and again with the
subtenant before the sub-tenant vacates.
You remain liable for unpaid rents and
subtenant damages.
Suing the subtenant for reimbursement is
a cumbersome process.
Tips for
Sublessees
Be sure your sublease is in writing. Make sure
it is signed and dated by your landlord, the
original tenant, and yourself. KEEP A COPY.
READ THE LEASE. You are bound to all the
conditions of the original tenant’s lease.
Walk through the apartment with the original
tenant before you move in to verify any
damage, and again with the original tenant
before vacating.
Obtain a local AND “at home” address of the
original tenant(s) in the event of a lawsuit
You are still responsible for the rent
Be aware of the difference in rent that
the original tenant is paying
Confirm you are only responsible for the term
you are subleasing
Sample
Sublease
Agreement
occl.illinois.edu/housing/application-and-lease/docs/sublease.pdf
Additional Subleasing Resources
For sublessees:
https://occl.illinois.edu/housing/application-and-lease/#sublease
For sublessors:
https://occl.illinois.edu/rights-and-responsibilities/rights/#subleasing
Q&A
324 Illini Union 300 Turner Student Services Building
1401 W Green St., Urbana, Illinois 610 East John Street, Champaign, Illinois
217-333-9053 (217) 333-0112
studentlegalservice@illinois.edu occl.illinois.edu
odos.illinois.edu/sls
