Legal Question in Landlord & Tenant Law in Pennsylvania

Subletting apartment

I need to move for work, so I plan on subletting my apartment for 3 months. Since it's still my name on the lease, I understand that I would legally be held responsible for any damages to the apartment. However, is there any (inexpensive) way for me to create a contract w/the person subletting from me so that she would be held responsible for any damages she may create? For example, if we created an agreement together and had it notarized, would this hold up in court, (if it ever had to come down to that)? Thanks a bunch!!


Asked on 4/02/07, 9:59 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: Subletting apartment

Sure. You need a sublease simple agreement.

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Answered on 4/03/07, 8:26 am
John Davidson Law Office of John A. Davidson

Re: Subletting apartment

First, you need to check your lease and see if its allowed by your lease. If not time to go hat in hand to the landlord and see if he will allow it despite the lease provision.

Assuming its allowed then you can draft an agreement between you and the subtenant. If I would save money I'd skip getting it notarized. All that does is prove that the signature on the contract is who they say they are.

The key thing to remember is that a poorly worded contract will work against YOU. Courts hold where the contract is ambiguous the its goes against the drafter. The theory being you had the time and the ability to put in the contract the terms you wanted. If you didn't its your fault. That said you might want to draft it then run it by an attorney to see that you got it the way you want it. Assuming the agreement you come up with is not to long you're looking at an hour or 2 of attorney time. OK not the most inexpensive way, however, suppose you don't get it right and have to go to court. You're looking at filing fees and many hours of attorney's fees.

If you have any questions feel free to contact me, the initial consultation is free.

{John}

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Answered on 4/03/07, 8:42 am


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