law allows renters in long-term leases to sublet their apartments—as long as there isn’t a restriction in their lease agreement. However, month-to-month renters need to have their landlord’s approval first.

Sometimes, either by choice or necessity, you might end up being away from your Madison apartment for a while. In the meantime, it can be tricky to figure out how you’ll continue covering rent while you’re gone. To help make ends meet, some people choose to sublease their rentals for some time.

Finding a subletter can be easier said than done, though. Carrying out a sublease is something you want to do the right way, too, considering the financial and legal liabilities. Courtesy of the

Jerry

insurance

app, here’s what to know about subletting in Madison.

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Is subletting legal in Madison?

Yes, you can legally sublet your apartment in Madison—but check your lease agreement first. Generally speaking,

Wisconsin law

says if you have a lease for a set term, you can sublet your rental as long as your lease agreement doesn’t have any restrictions against it. Still, it’s usually better if you also get your landlord’s approval in writing, via letter or email.

If you’re a month-to-month or at-will tenant, it’s illegal to have a Madison sublet without your landlord’s permission. As a tenant with a set-term lease, you won’t be able to do so if a clause in your rental agreement forbids it.

Can my landlord reject my sublet tenant?

If you ask your landlord for permission to sublet your apartment, they might reject your request.

However, their cause for doing so has to be considered reasonable. Those reasons might include the subtenant’s apparent level of financial responsibility or the nature of the space’s use during the sublease.

It’s important to remember that the

Federal Fair Housing Act

applies here, meaning people seeking housing cannot be denied housing based on their race, skin color, national origin, religion, sex, familial status, or disability. If your landlord approved a sublease but rejected a subtenant for any of these factors, it likely wouldn’t hold up in court.

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How to sublet an apartment in Madison

Seeking out a subletter in Madison can be a complicated process. Here are some steps you can take to make it easier.

Get your landlord’s approval

Even if it’s not required in your case, you’ll still ideally want your landlord’s approval to sublet in writing if you’re able to get it. (Especially if you’ll be returning to your apartment before your lease is up.)

You should tell your

landlord

, in writing, why you’d like to sublet, as well as any relevant information about the sublease’s terms or potential subtenant. Here are some details you might want to include:

Sublease’s start and end dates

Sublease terms proposal

Name, address, and contact information for subletter(s)

References, proof of income, or any other relevant information

The best way to send your request is via certified mail. If your landlord doesn’t respond to your request within 30 days, consent is typically assumed.

Pro-tip Your landlord isn’t the only person you want to get permission from if you’re looking to sublease. If you have roommates, your apartment is their space, too, so you should also get their approval(s) before going ahead with a sublease.

Find a subtenant

This is the most crucial part of this process: finding a reliable

subtenant

. You or someone you know may already have someone in mind. You can also create listings for your sublease on sites like anyplace.com, sublet.com, or Facebook Marketplace.

The clearer you can be in a listing early on, the better. Important information to share might include:

Subleasing dates

Accurate photos of your apartment

Income requirements

Other important information to know about your apartment

Screen applicants’ backgrounds and incomes

Once the applications start flowing in, it’s important to read them over carefully. You’ll be the one handling this sublease, and you want to feel confident you can trust this person so you’re not left on the hook for them, either legally or financially.

Consider applicants’ income or credit scores. You can narrow down candidates by using your own as a baseline, or by referring to the minimum requirements that were in place for you to sign your lease.

You’ll want your final subtenant candidate(s) to provide proof of income, and you’ll also want to conduct a careful background check. You can conduct a background check through a third-party service, speak with provided references, and/or look at their social media presence.

Create a sublease agreement and request approval in writing

Once you’re confident you’ve found the right candidate, it’s time to get your agreement in writing.

In the sublease agreement, lay out the terms and expectations. Being precise here will help you in the future if you’re put in a position where you need to evict them—like if they stop paying rent or participate in illegal activity in your apartment.

At the very least, the agreement should include:

Subletting beginning and end dates

Amount of rent owed each month

How rent should be paid

Procedures if rent is unpaid

Once you’ve both signed the agreement, you’ll also want to send a copy of it, as well as any other necessary documents, to your landlord.

Continue paying rent

Finding the right subletter for your

apartment

can feel like a huge relief. But remember, you’re still responsible for your own rent.

Unless you and your landlord agreed otherwise, you’ll still owe your regular rent amount to your landlord. The only difference now is that your subtenant will now be making a rent payment to you (unless you’ve arranged for them to pay your landlord directly). If they don’t give you their rent payment, you’ll still owe rent to your landlord. And you’ll still be responsible for the other terms in your own lease agreement.

Key Takeaway Make sure you’ve clearly spelled out the terms and expectations in your sublease agreement, and that both you and the subtenant have signed it.

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How to save on renters insurance in Madison

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