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Are you planning to sublet a property you already leased in North Carolina? Here's everything you need to know about the sublease agreement!

Sublease Agreement

A North Carolina sublease agreement is a legal contract that allows a tenant to act as a "sublessor" and rent their leased property to another tenant, also known as a "sublessee."

In other words, it's an arrangement that allows the subtenant to gain full or partial access to a property in exchange for rent payments.

What to Include

There are many reasons why an original tenant would want to sublease properties. It's often a choice for those who must be away for some time but hope to return to the same space in the future.

Tenants who want to leave a leased property for good but do not want to break the original lease terms might also consider this option. In any scenario, these are the things you should include in the North Carolina sublease agreement:

  • Personal data of the sublessor or original tenant, including name and address
  • Sublease term, specifying start and end dates (you must define if it's permanent or not)
  • Why are you subletting the rental property
  • Utilities, clarifying those the sublessee should be responsible for
  • Sublessor and new tenant signature
  • Written consent to sublease signed by the landlord
  • Copy of the original agreement

How to Write One

Although a North Carolina sublease agreement must include state-specific information, here are the common steps you should follow when drafting one:

  • Identify the parties involved
  • Set the sublease's term
  • Define rent amount and other financial responsibilities
  • Clarify when the sublessee should pay rent
  • Detail all aspects related to the security deposit
  • List all the rules and any prohibitions
  • Specify date
  • Sign the agreement

Special Laws

In North Carolina, no laws explicitly prevent or authorize a tenant to sublet a space to another person. However, the original tenant must obtain permission from the landlord for the sublease, even if it's permitted under the original lease's terms.

In addition, the North Carolina sublease agreement must include a document proving the original tenant got permission from the landlord to sublet the property. Therefore, tenants must send a letter to the original landlord indicating their intentions.

Under North Carolina law, the tenant could assume consent if there's no response after 30 days. It's essential to send the letter through certified means, so the sublease can evidence delivery and receipt if the landlord contests the sublease.

Sublessors

State laws hold the sublessor liable for damages the new tenant may cause or the first document's terms are broken for any reason, like not paying rent.

In addition, the sublessor must obtain permission from the landlord and ensure that the original lease conditions are respected.

Build Your Own

If you want to create your own sublease contract but don't know how to do it, don't worry! DoorLoop offers free templates to make the process easier. Find them here:

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

Subleasing can protect tenants against penalties for early termination or provide other benefits. However, the process must be handled properly according to North Carolina laws and through written agreements.

FAQs

What Happens If the New Tenant Does Not Pay Rent?

Not paying rent could result in possible eviction.

Who Should Pay the Landlord?

Subtenants must pay rent to original tenants who collect the amount before paying the landlord.

Is Subletting an Entire Space Legal in North Carolina?

Yes, as long as the original tenant obtains consent to sublet, they can rent the entire space or just a portion.

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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!