Real Estate Blog | Jain Oncor

How Does The Subletting Work?

What should a homeowner do? What documents do you need to sublease a house or a room?

These are just some of the most frequently asked questions when we talk about subletting a property. There is still a lot of confusion about it, and it is often thought that it is an illegal practice or at least not allowed.

So we try to do some clarity, and answer these and other questions!

What do you mean by “subletting”?

We talk about subletting (or sublease) when the tenant (stipulates with a third party a lease for an apartment or room, whose rent is in his name. It is, therefore, a contract completely independent of what the tenant has stipulated with the owner of the rented property in Noida, and which nevertheless maintains its effects unaltered. It can, therefore, be said that this new contract of the sublease, is going to “overlap” to that already existing tenant between tenant and owner.

Should the sublocation have a precise duration?

The law does not establish parameters and does not give any indication about it. The sure thing is that the subletting cannot last longer than the original lease.

It must also be kept in mind that if the third party to whom the property has been subleased decides not to leave, the tenant will have to deal with it. Also executively. Otherwise, it will also have to compensate the damages for the return of the property in delay, compared to the time established by contract.

How do you practically activate a sublet?

Here are all the steps you need to take to start a sublet:

Communication to the owner: a registered letter must be sent to the tenant indicating the data of the third party (sub-conductor), the duration that will have the sublease, and the number of rooms given in sublease.

If communication is not sent to the partial sublease landlord, the latter cannot interrupt the lease contract (termination of the lease) that he has with the tenant. You can do it only if there is an explicit termination clause in the rental contract.

If instead, it is a matter of total sublease, being expressly prohibited by the Law as we have seen above, the landlord may request immediate exit from the property by the tenant, and the sub-tenant.

The income deriving from sublease is equal to the difference between the amount collected as a sub-lender during the year and the specifically related expenses, such as the rent paid to the owner of the apartment.

The different types of lease

There are different types of leases that vary depending on factors such as the duration, the amount or particular needs of the tenant.

The law establishes the principles to which the subjects must abide in the formulation of the contract and identifies specific models to choose from according to their needs.

The main types of leases are:

The free rent contract is entirely the most used for rented property in Gurgaon; has as its primary feature consideration to be paid which is freely determined by the parties.

Not all buildings may be subject to this type of contract; they are excluded: housing for housing, holiday homes, buildings of limited value and those that do not constitute housing as garages.

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