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In Tennessee, a sublease agreement may be a legally binding contract that allows a tenant to form a tenancy agreement with another individual. This situation often occurs when the tenant needs to leave the rental for a period of time and would prefer not to pay rent while the apartment is vacant. Instead of breaking the lease, the tenant would find another individual, known as a sublessee, to move in and assume rent payments. This method allows the original tenant or sublessor to still fulfill his or her rent obligations to the landlord while being able to travel or temporarily relocate. These agreements are especially helpful for those who plan to come back after an extended period of time because subletting means they won't have to give up their apartment and search for a new one when they return. One important fact about subleasing is that the original tenant’s name will remain on the lease, as this is a peer-to-peer agreement. This means that if any late payments were to occur, the sublessor would be held responsible.
According to Tenant Landlord Laws in Tennessee, a tenant’s ability to sublease their unit lies in the wording of their lease agreement. If lease prohibits subletting, then the tenant may not sublease their unit.
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 Tennessee, the language in the original lease controls the entire 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.
A Tennessee sublease agreement should include the following sections:
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