Stephen A. Martin, Attorney at Law
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Can a tenant sublease your space?

Imagine showing up at one of your rental properties in Saint Charles and being surprised to see someone other than the tenant answer the door. When you ask where the tenant is, the stranger responds by saying that the tenant had to leave, and subsequently allowed him or her to move in. Yet the stranger also tells you not to worry: he or she is paying the rent payment to the (now former) tenant, who plans on then paying it to you. 

This process is known as subleasing, and right now, you are probably wondering if it is even allowed in Missouri. According to information shared by the state's Attorney General's Office, the answer to that question is yes...and no. Your tenant can attempt to sublease your property, but only if he or she has your consent to do so. Subleasing often becomes an option when a tenant (for whatever reason) needs to vacate a property before his or her lease expires. Rather than dealing with the hassle (and potential penalties) that come with terminating the lease early, he or she can attempt to find another occupant who can then take it over. The new occupant may then pay the rent to the tenant (who then must pay it to you), or give it to you directly. 

Subleasing may actually be advantageous to you given that it you might be able to find an occupant that comes with your tenant's personal endorsement. Plus, the former tenant still maintains responsibility for the state of property for this duration of his or her lease. However, as was mentioned earlier, you must consent to subleasing. If your tenant does not inform you of his or her intentions, the allows you to increase the expected rent payment up to double the standard amount. 

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