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Subletting an apartment or home is not a new idea. It has been a contentious whether or not subletting to be allowed. If you are a tenant, there may be various reasons as to why you would want to sublet your apartment or home – you cannot occupy the flat at that time or would want someone to look after upkeep of the property till you possess it or simply would want to earn an extra rent. There are, however, essential factors to be considered before you decide to sublet a flat/home.
You have to ask for permission before subletting. If you are living in rented home, permission has to be taken from the owner. If you are living in a flat in an apartment, you need to take the written permission from the apartment society. Only then, you can sublet your flat on leave and on license basis.
As per Supreme Court’s order in 2009, if you sublet your home without the permission of your landlord, then the landlord can evict you from the property. Hence, consent of the landlord is essential in all circumstances if you want to sublet. Court’s ruling says that partnership business is allowed under law. However, the partnership business cannot be used as a camouflage to conceal the illegal act of sub-letting.
Get it in writing
In case of subletting, you are responsible for preparing a lease, setting the rent, determining the consequences for defaulting on the lease, and managing the property. Hence, it is important to get everything on writing so as to maintain a documentation for future reference.
It is necessary to keep a check up on the property even if you will not be living in it. The reason behind it is that if any damage is done to the property by the sub-lette, you are the one who will be held liable for damages to the landlord. Make sure to stop by the property on a regular basis to ensure that no harm has been done by the sub-lette.
It would be advisable to go for sub-letting through a real estate agent as the latter would make sure you have easy access to credit checks, formal leases and can even show the property on behalf of you.
Corporate Housing Societies
If you are living in a co-operative housing society (CHS), then it is illegal to sublet a flat, except for prior permission from the society. Permission to sublet can be granted by the society on special grounds – if you have to keep away from the flat due to official reasons or prolonged illness. Also, permission may be granted if the society is convinced of your inability to occupy the flat on other genuine basis.
If you are a member of a corporate housing society (CHS), then it is not enough to submit an application for subletting. You also need to furnish application for nominal membership of the sub-lette, licensee, possessor or caretaker of the flat. During the period of sub-letting, the member has to pay all the charges to the society and at times may even has to pay non-occupancy charges.
Subletting is not a walk in the park and keeping in mind all the legal hassles involved in the deal, it is advisable that you cross check every detail before renting the home out to the subtenant.