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A Michigan sublease agreement links a tenant with a new tenant in a sublessor-sublessee relationship in which an already leased property is sublet to another person.

In order to ensure that the process is legal and hassle-free, it's essential that both parties sign a contract and that the sub-lessor obtain consent from the landlord to sublet the space. Also, there are some laws to consider when drafting the document.

Sublease Agreement

The contract that establishes the terms related to property subletting is known as a sublease agreement. It states that a tenant (sublessor) rents an entire space or a portion to a new tenant (sublessee).

A Michigan sublease agreement is often used by tenants who cannot meet the original lease period and cannot pay rent in two places at the same time, for example. It is also a good alternative for those who cannot stay permanently in a place they have already rented.

What to Include

According to state law, a sublease agreement must include the following:

  • Subletting date or period
  • Personal data of the sublessor
  • Personal data of the sublessee
  • Address of the subleased property
  • The amount that the tenant must pay monthly (it is not mandatory in some documents)
  • Information and documents related to the security deposit
  • Terms of the sublease agreement, including restrictions
  • Written consent of the landlord if applicable
  • Sublessor and sublessee signature

How to Write One

Each sublessor must draft the sublease document based on the state's specific legal requirements. In addition, it must have complete information about the subleased property, renting period, the sublessee's responsibilities, and an added obligation the original tenant has to accept. Here are the steps to do that:

  • Name all parties involved
  • Specify the subletting period, including start and end dates
  • List the terms and prohibitions
  • Define the amount that the sublessee must pay to the sublessor
  • Detail the security deposit information
  • Set the date of the agreement
  • Sign the document
  • Get the landlord to sign the document if necessary

Special Laws

Unlike other states, Michigan has imposed some regulations for subleasing properties. These are the two laws that govern these agreements there:

Truth in Leasing Act

Michigan law requires lease or sublease documents to include a Truth in Renting Act notice issued by the landlord. It indicates that both parties have rights and obligations, suggesting seeking help from an attorney or other qualified person to interpret a provision's legality.

In addition, the Truth in Renting Act notice must have a 12-points font size and be completely legible.

Rights of Domestic Violence Victims

A Michigan sublease agreement must also have a provision stating that tenants are entitled to special legal rights and may seek release from the rental obligation if they face danger to themselves or their children from domestic violence, stalking, or sexual assault.

When the sublease agreement does not have this provision, landlords or sublessors must post the information in a place visible to tenants, such as the lobby and management office. In addition, this written statement must be delivered to the sublessee as soon as the lease is signed.

Sublessor's Responsibility

Every tenant thinking of subleasing a property must keep in mind that they are responsible for new tenants' actions that may damage the property and must be responsible for rent payments.

Build Your Own

If you don't know how to draft an agreement to sublet a property, you've come to the right place! DoorLoop offers everything you need to make the subleasing process easier! Don't know where to start? Here are some templates that can help:

Or, you can draft your own, customizable sublease agreement using this tool.

What Is DoorLoop?

DoorLoop was created in response to a growing need for a platform to help manage rental businesses. You can use the software to run background checks, create professional leases, and track rental payments on one intuitive platform.

To see it at work for yourself, schedule a free demo.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

Subletting a property in this state is not complicated as long as you comply with all the legal requirements. Also, if you write the Michigan sublease agreement the right way, it can protect you and the subtenant should problems arise in the future.

FAQs

Is Subleasing a Property Legal in Michigan?

Yes, any tenant can sublet a property in Michigan, but all must comply with certain laws and obtain consent from the landlord. Therefore, before doing this process, you should check whether the original lease specifies that a property can or cannot be sublet.

Could A Sublessee Be Evicted?

Any subtenant can be evicted if they fail to pay rent or do not comply with the terms of the agreement.

Why Can Someone Sublet Property in Michigan?

There are many reasons a person might sublease space in Michigan or any other state, but the most common are when the tenant must relocate before the original contract ends or a change in income.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!