To reiterate, the original tenant (the sublessor) is still responsible for the lease they originally signed. If the sublessee were to skimp out on paying rent, were to damage the property, or breach a contract of the original lease agreement, the sublessor would be held accountable. Although the form can be a lifesaver, it should not be used without careful consideration for who the sublessee will be. If the sublessee is someone the sublessor does not know, requiring them to complete a rental application is strongly suggested.
Wisconsin law does not specify whether subleasing is a right of the tenant. So, to ensure the original tenant doesn’t commit a breach of contract by signing a sublease, they should:
- Check their lease to see if it permits subleasing, OR
- Contact their landlord for permission.