Ohio’s Tenant/Landlord Laws instruct the tenant to follow the terms of his or her lease. This means that if a lease agreement prohibits subleasing, then the tenant cannot sublease. If the landlord approves a sublease request, be sure to get written documentation of his or her approval.
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 Ohio, the language in the original lease controls the process. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no 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.
An Ohio sublease agreement should include the following sections: