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In Wisconsin, a sublease agreement is a legal agreement between two individuals that defines the terms of a tenancy agreement. In this type of agreement, the original tenant, who is referred to as the sublessor, rents their apartment to another person (known as a sublessee) while they are away. These types of agreements can last anywhere from one month to the duration of the lease, all depending on how long the original tenant will be absent from the lease. Once the new tenant moves into the rental, he or she will pay rent and abide by the rules of occupancy just as the sublessor did when they lived there. Oftentimes, this agreement works well because the original tenant may keep all of his or her belongings in the rental, meaning the sublessee will enjoy a furnished apartment while living in the unit. Though these agreements offer extreme flexibility to both the sublessor and sublessee, the sublessee does not assume legal responsibility for the rental because he or she doesn’t have an agreement with the landlord. This means that any late payments, property damage or property abandonment will be the responsibility of the sublessor.
According to Wisconsin Tenant/Landlord Laws, a landlord must mitigate their damages and accept a tenant’s sublet request. Landlords may not unreasonably refuse a tenant’s request to sublet. Despite this fact, tenants are still encouraged to receive permission in writing.
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 Wisconsin, a landlord is legally bound to lessen losses and allow a tenant to enter into a sublease agreement; a landlord cannot unreasonably refuse permission. 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 Wisconsin sublease agreement should include the following sections:
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