How can I let my friend sublet from me without risking eviction?

Q: My hours at work were cut, so I want to sublet one room in my two-bedroom apartment to reduce my rent and keep the place. My friend has been looking for housing, so it looks like a great option. How do I sublet the room without risking being evicted or being held responsible for my friend’s damages by my landlord when I move out?

A: First of all, you can only sublet the room when you have a lease yourself. Review your lease agreement for any terms on subletting.

It is common for a lease to prohibit subleases or to require the landlord’s consent in advance.

If permitted in the lease, note that the landlord can’t unreasonably withhold consent if you do ask beforehand.

The landlord may want the subtenant to sign an additional agreement with him directly or may just want to have a copy of the agreement between you and the subtenant.

You are now a landlord yourself under the sublease, which should be in writing. At a minimum, a sublease should include full names, the address of the premises, which rooms/ areas the subtenant will be using, the duration of the rental agreement, the rent amount and the exact time of the month or week when the payment is due.

You can collect a security deposit from the subtenant and include in the sublease that the subtenant agrees to all the rules set out in the original lease between you and the landlord. This may give you some protection against a claim for damages later.

But watch out, you can’t sublet the room for any longer than the date your rental agreement expires.

For example, if your lease expires on Oct. 31, your sublease has to expire by that date as well. You can certainly renew the sublease when your lease is renewed.

If you are on a month-tomonth agreement, you can only set up a month-to-month sublease. If the landlord terminates your tenancy, you’ll have to terminate your subtenant’s tenancy as well — and may be subject to a claim from your subtenant if you can’t give him adequate notice under the law.

If you avoid the usual pitfalls, subletting can be a great win-win arrangement. If you run into a dispute with your subtenant, you may be able to work it out through mediation before resorting to one of you moving out.

For more information, contact Project Sentinel at info@housing.org and follow us on Facebook at Facebook.com/ psprojec tsentinel.