Massachusetts Sublease Agreement
The Massachusetts Sublease Agreement is a contract that lets a tenant (the “sublessor”) re-rent the property they are currently renting to another party, known as the “sublessee” or “subtenant.” The form is designed to be used only by tenants bound to a lease that doesn’t expire for a considerable amount of time, typically more than three (3) months. A common use for the form is by tenants that are looking to (or need to) live elsewhere but do not want to pay monthly payments for a property they aren’t using. Subleasing introduces a new tenant into the property, taking over payments until the original lease’s expiration. Massachusetts law does not restrict subleasing – whether or not subleasing is allowed is dependent on the original lease signed with the landlord.
Upon verifying the contract permits subleasing (or doesn’t strictly inhibit it) the tenant will need to find an individual that would like to rent the property, have them sign the sublease agreement, and move into the property.
Note on Liability: Just because the original tenant signed a sublease agreement does not mean they are cleared in the case something goes wrong. The sublessor is 100% liable for everything – if the sublessee damages the property, doesn’t pay rent, or disturbs neighboring tenants, the sublessor is on the line. Because of this, sublessors need to take the time to ensure the person they are introducing into the property is trustworthy and has a clean renting history. To ensure of this, sublessors can use a tool commonly afforded to landlords: the residential rental application.