You may want to rent part or all of your apartment to someone else to avoid breaking your lease. A tenant has the right to sublet or assign as long as the lease -- written or oral -- does not forbid it. Even if the lease prohibits subletting, by law, a landlord probably cannot be unreasonable in withholding consent to a sublet. Most leases do contain some provision for subletting or assignment; some require written permission from the landlord. Contact your landlord after examining your lease and explain your intention to sublet or assign the lease. Whether your lease requires it or not, it is wise to get the landlord's written permission, or you may run into trouble later. Get a written statement confirming your agreement, signed and dated by the landlord.

It is often useful to negotiate (by yourself or with the help of a mediator) the terms of subletting with your landlord.

Subletting

A tenant who rents his/her apartment to someone for part of the lease (e.g., for the summer) or rents a room of his/her apartment (e.g., takes on a roommate) is subletting. There is a certain amount of risk in subletting. First, as the original tenant you still retain responsibility for the rent and damages to the apartment!even if the sublessee caused the damages and failed to pay the rent. This means that any court action taken by the landlord for rent, damages, or even eviction for breaking the terms of the lease will be against you, the original tenant. You, in turn, would have to bring the sublessee to court to recover his/her unpaid rent or damages. Here are some suggestions to help prevent problems:

1. Know your sublessee(s) if at all possible.

2. Both you and your sublessee should sign a sublease contract. Samples are available from the University of Colorado Off-Campus Student Services Office.

3. Fill out a checklist of the contents and the condition of your apartment when you move out and your sublessee moves in. This can prove useful if you have to collect from your sublessee for damages.

4. Collect a security deposit, equal to the amount you originally paid to your landlord, to cover any damages you may be liable for because of the sublessee's tenancy. Remember, you are still responsible for damages, if any, that were present before the sublessee moved in. In effect, you will be acting as your sublessee's "landlord." You will have to return the sublessee's deposit to him/her, plus interest, minus appropriate deductions, according to the requirements under the Colorado security deposit statute. See Security Deposits.

Assignment

There is a fine distinction between subletting and assignment. First, an assignment requires that the original tenant give his/her rights and responsibilities included in the lease to the new tenants for the entire remainder of the lease period. In an assignment, both the new tenant and the original tenant are directly liable to the landlord for rent and damages; this means that the landlord may choose to sue either or both. (Of course, the original tenant may still sue the new tenant for damages or unpaid rent.)

Release from Your Lease

Since subletting and assignment can be confusing and can result in your being liable for someone else's actions, it would be to your advantage to have your landlord agree to release you from your lease. In this case, the landlord would remove your name from the lease or would void your lease and would enter into a new lease agreement with the new tenant. This would end your liability for future rent or damages. The landlord would return your security deposit to you, minus any deductions, and would collect a new security deposit from the new tenant. This is the safest and clearest arrangement for you. Negotiate with your landlord to try to get him/her to release you from your lease. Although landlords have no obligation to release you from your lease, some landlords are willing to do this.