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Are you interested in creating a sublease so that someone else can take over your rental payments without breaking the lease terms? There are advantages of subletting, but it's crucial to get consent from the landlord and know that you're still responsible for payments and utilities. Let's dive in and learn more!

Sublease Agreement

A Minnesota sublease agreement is the contract that lets the existing tenant rent all or some of a rental property to the new tenant. The subtenant then makes payments that are usually equivalent to the rent due on the original lease agreement.

Sometimes, a primary tenant must leave the dwelling for long periods. When they are on a fixed-term lease, and that happens, they must still pay the rent. To ensure it's paid, the lessee might bring in a supplementary renter who takes the lease over while the original renter is gone.

What to Include

  • The first part of your sublease agreement must include the sublessor's full name, their address, the subtenant, and the subtenant's address.
  • Include the physical address of the property.
  • Add details about the full sublease term, such as the type of sublease.
  • Clearly outline the utilities for the subtenant.
  • Focus on the rules about the security deposit. This includes the value of it, when it should be returned, and the landlord's policy for using it.
  • Allow the landlord to mark their consent for the arrangement.
  • Both parties must sign and date the document.

How to Write One

To make the sublease legally valid, it must contain this information:

  • Include the rental property type and address.
  • Add the names of the subtenant and current tenant. The landlord may demand to do a background/credit check.
  • The subtenant is bound by the terms in the original lease, so they must get a copy of that and the landlord's name.
  • If the sublet includes only one part of the property, provide the address for the original tenant.
  • Add other restrictions that weren't included in the original lease. For example, parking spot reservations and extra pet deposits should be included.
  • Provide the start/end date for the sublease. Generally, it should end when the original lease is up, but that's not always the case.

Special Laws

In Minnesota, the right to sublet depends on the rules in the original lease agreement. If there's no provision against the arrangement, the original tenant must get the consent of the landlord. Many leases require this step.

Many times, it's best to do so in writing, so tenants may want to send the consent letter by certified mail to ensure they have a receipt. It's wise for the original tenant to provide a forwarding address to the landlord.

Sublessors

The sublessor is required to:

  • Give 30 days' written notice of their intent not to renew
  • Return the security deposit within 21 days after the sublease ends
  • Give the subtenant 14 days' written notice to pay rent/leave or immediately if there's nothing in writing

Build Your Own

DoorLoop is the best solution when you want to craft a subleasing agreement. Use one of the free templates found below:

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

While the landlord should have a master lease, and you can mimic the sublease from that, a Minnesota sublease agreement has specific information that must be outlined within. You've learned what that is and can use DoorLoop to craft one for yourself.

FAQs

Does Minnesota Allow Subletting?

Yes, Minnesota allows subletting if the landlord gives written permission and the original lease doesn't prohibit it.

Can Tenants Sublet without Getting Permission?

The Landlord-Tenant Rights Act says that tenants must get written approval from the landlord before subletting a rental property. Likewise, the final decision can't be renegotiated or appealed if the lease prohibits it.

How Does the Tenant Get Landlord Approval to Sublet, and What Happens If They're Denied?

A tenant must mail a letter through certified mail, setting out the information included here to ask for permission to do a sublease. This must contain the explanation for why they're subleasing.

The landlord must be asked first, but approval can't be withheld unreasonably. Here are some reasons to reject the subtenant:

  • Prior history of foreclosure or eviction
  • No proof of income or assets to handle rent payments
  • On the sex offender registry and trying to sublease near a church, school, or daycare

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David Bitton

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!