According to Colorado’s Tenant/Landlord Law, sublease agreements are permitted if the landlord grants permission in the original lease. However, if there is no mention of subleasing, 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.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. If the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Colorado sublease agreement should include the following sections: