“Help me. I just found out that my roommate will not be back next semester. My landlord will evict me if I don’t pay my roommate’s share of the rent. What should I do?”

Generally, you can be forced by the landlord to pay your roommate’s share of the rent. Therefore, unless your lease gives you additional options, you must either work something out with the landlord, force your defaulting roommate to pay, get a new roommate to pick up the shortage, or risk serious trouble. If after discussion with the landlord there is no resolution, and the landlord still demands his or her agreed-upon rent, experience indicates the best course of action is to sublease the dwelling unit or at least a part of it.

Many form leases have a clause which states that the tenant may not sublet the premises without the landlord’s written permission. Such a clause is enforceable only to the point that the landlord can reject unsuitable sub-tenants. This means the landlord cannot arbitrarily say no, but must have a legitimate commercial reason for the refusal.

A sublease can be arranged in a number of ways: through the landlord by putting the new tenant’s name on the old lease, by execution of a separate agreement with all the parties involved including the landlord, or by execution of an agreement between the original tenants and the new tenants. It is strongly recommended that this transaction be accomplished by means of a written agreement, which defines the terms of the sublease agreement, such matters as the length of the sublease, the cost per month, the responsibility for utilities, and the payment of a security deposit to cover damages that might be caused by the new tenant. If the original lease dictates the procedures to sublease, follow those procedures. Most complexes have forms to utilize in subleasing your apartment. Confer with your landlord regarding the use of these forms. The Students’ Legal Assistance Office also has sublease agreement forms. Given the variables involved, it is best to confer with an attorney for assistance in this area, before or after discussing the matter with your landlord.

Be aware that in a sublease agreement the original tenants are still responsible to see that the rent is paid to the landlord. So, if a sublessee leaves or does not pay the rent agreed upon, the sublessor (original tenant) is responsible. The sublessor can, in turn, pursue the sublessee for the rent in Small Claims Court if he or she so chooses.

Some complexes will permit a transfer of the lease for consideration. The effect of such a transfer is that the original tenant is released from all further responsibilities under the lease, regardless of whether the assignee fulfills his or her responsibilities.

Since the original tenant/sublessor normally remains liable to the landlord for defaults by the sublessee in paying rent and for damages committed by the sublessee, it is incumbent on the sublessor to keep track of the apartment even after he or she has left, making sure rent is being paid, etc. A room condition report made out at the time of possession of the premises passes from tenant to sub-tenant can protect both parties. Room condition reports are available from the Students’ Legal Assistance Office.