In Colorado, a sublease agreement is an agreement that allows a tenant to find a “replacement” while he or she will be absent from the rental. These types of agreements work for those who may need to leave town for a period of months, or for those who have found permanent housing and no longer wish to live in the rental but do not wish to break the lease with the landlord. Breaking a long-term lease can be quite costly, causing the original tenant to inquire large fees and lose his or her security deposit. Subleasing the rental solves this problem and still fulfills the original tenant’s obligations to pay the rent until the lease term is over. Although the incoming tenant, known as the Sublessee, will live in the rental and pay rent like the original tenant, the sublessor, will remain responsible for the rent being paid on time. If the sublessee fails to pay rent or damages the apartment, the sublessor will be responsible for late fees, damages, and unpaid rent.
According to Colorado’s Tenant/Landlord Law, sublease agreements (Page 3) are permitted if the landlord grants permission in the original lease. However, if there is no mention of subleasing one way or another, the landlord cannot unreasonably deny a sublease to the original tenant. Regardless of the situation, in order to protect all parties involved, the tenant should receive written permission to sublease the apartment from the landlord.