Like many words in the English language, sublease and relet tend to be used interchangeably, even though they are two different things. Though they both are methods of renting out property to a tenant, and involve a third party, reletting and subleasing are totally separate understandings.
Well, where to begin?
Reletting is pretty much the process of voiding the original lease with a tenant and bringing in someone new. The new tenant is now the lease holder and the old tenant is no longer responsible for the property. There are various reasons properties may be reletted, be it because of the tenant, landlord, or both. If someone has a special circumstance, maybe a new job, that requires them to move from their rental, the landlord can come in and relet it so that the initial agreement will no longer stand. This is also an option if a tenant is evicted from their property prior to their lease ending.
Subleasing, on the other hand, is a bit different. Subleasing is when the tenant who initially signed the lease rents out the property to another person. The new tenant is responsible for paying rent (this may be less or more than what the original tenant pays) as well as following the terms of the lease. Despite this, the overall responsibility of the lease still falls on the original tenant. If the new tenant damages something in the property, they won’t be liable, the initial tenant will be. With subleases, there is usually an agreement drawn up that states the terms that the new tenant must abide by (i.e. when to move out, how much rent they need to pay, etc.). Sometimes a fee is charged to sublease the property, with the initial tenant being the one liable for paying it.
Recently on the Tenant File Blog, we talked about signs that you should consider finding a new tenant (check it out here). Once you decide that you want your tenant out, how do you go about the eviction process?
Now, eviction laws and the eviction process vary from state to state, so for the sake of all of our readers, we’re going to make this a fairly basic outline of the process.
1. First comes the eviction notice. The eviction notice is the written notice where the tenant is asked to vacate the premises. This notice usually includes the reason for the eviction, the amount of time the tenant has to leave, the date and your signature, and any conditions that may affect the eviction.
2. If you’ve already given your tenant an eviction notice and they’ve failed to leave by the specified date, it’s time to move on to the next step: filing a lawsuit. Once your tenant is served, you’re both responsible for showing up to trial; for the most part, this ends with the judge giving your soon to be ex tenant a date by which they have to leave the property.
3. If after all of that your tenant still hasn’t left, you have the right to have them removed from the property. You can ask someone from your local sheriff’s office to escort them out of their property and place their possessions outside.
These steps are just the general process for eviction, make sure you check out what your state requires before you take the plunge.
If you’re having problems with your current tenant, you have to ask yourself, at what point is it time to have them move out and find a new tenant?
Finding a good tenant is hard, and keeping a good tenant is even more difficult. Sometimes a tenant that may
have been the best thing since sliced bread can turn sour, leaving you with a mess. At some point, you need to start considering finding a new tenant that you know you’ll be at peace with.
Now, you can’t just decide to evict your tenant out because they’re bothering you, but you can evict them if you
have a reason. While actual eviction laws vary from state to state, if you have a valid reason to ask your tenant to leave, it’s typically justified. If your tenant remains in your property beyond the date stated in the lease, you can evict them. You can also evict them if they fail to pay rent. Property damage, and rule breaking
are also justifiable reasons for to ask your tenant to leave the property. Basically, at the first sign of any of these, or if you feel that your tenant is putting you or your property in danger, you should ask them to leave to avoid further problems.