As with most other states, the ability to sublease lies solely in the wording of a tenant’s lease. If the lease prohibits subletting, then the tenant has few options. If the lease says nothing, then the tenant must get approval from the landlord along with written permission.
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. In Minnesota, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must 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 Minnesota sublease agreement should include the following sections:
Name of Sublessor (Sublandlord)/Name of Sublessee (Subtenant)/Name of Original Landlord: Both parties to the sublease agreement should be identified by name in the document, as well as any co-sublessors or co-sublessees. In addition, the sublease agreement in Minnesota must include the name and address of the landlord, as well as contact information for the landlord or manager of the property.