Tenants Right to Sublet

Tenants are not permitted to sublet their rental property without the Landlord’s written approval, unless the lease allows it. If lLandlord approval is needed, Tenants use a Landlord Consent Form.

Short-Term Rental / Lodgings Tax

  • Massachusetts’s room occupancy tax doesn’t apply to month-to-month leases or tenancies at will. [1]
  • If the lease is for 31 days or less, the tax may apply. [2]
  • The state tax rate is 5.7%, with local taxes up to 6% (6.5% in Boston) and an extra 2.75% in some cities. [3]

Frequently Asked Questions

Is subletting legal in Massachusetts?

Yes, although it must be written in the lease agreement or Tenant must get the Landlord or property written consent.



Sample Massachusetts Sublease Agreement Template

Tenants Right to Sublet

Maryland law doesn’t specifically address subleasing. Whether Tenants can sublet depends on the terms of the lease agreement. A Landlord Consent Form may be needed to get written permission to sublet.

Short-Term Rental / Lodgings Tax

  • In Maryland, a 6% Sales and Use Tax applies to rentals under four months, but not to monthly rentals or permanent residents. [1]
  • Platforms such as Airbnb usually handles the tax.
  • County rules may differ on rental length and tax rates. [2] For example:
    • Carroll County: Up to 25 days
    • Frederick County: Up to 90 days
    • Garrett and Washington Counties: Up to 30 day.  [3]

Frequently Asked Questions

Is subletting legal in Maryland?

Subletting is not aloud in Maryland unless it is written in the lease agreement or the Tenant must get the Landlord or property owners written consent.



Sample Maryland Sublease Agreement

Tenants Right to Sublet

  • Tenants need their Landlords written consent to sublet unless it is written in the lease agreement otherwise, Louisiana prohibits it. [1]

Short-Term Lodgings Tax Rules

  • Short-term rentals are taxed like hotels. At the state level, there is a 4.45% sales tax on hotels. [2] [3]
  • Local taxes may also apply. For example, hotels in Orleans and Jefferson Parishes must collect additional taxes, like the Louisiana Stadium and Exhibition District tax. [4]
  • Hotels must report state sales tax using the Statewide Hotel/Motel Sales Tax Return. [5]

Can you break a sublease in Louisiana?

Yes, with a 30-day notice.



Sample Louisiana Sublease Agreement Template

Tenants Right to Sublet

  • Tenants need their Landlords written consent to sublet unless it is written in the lease agreement.

Short-Term Lodgings Tax Rules

  • Short-Term Rentals – There’s a statewide tax of 9%. [1]
  • 28-Day Stays or Less – The tax is levied on rentals of less than 28 consecutive days.
  • 15-Day Stays or Less – If a room is rented for fewer than 15 days in a year, the operator doesn’t need to collect taxes. [2]

Eviction Laws

  • Authority of the Landlord – The Landlord can evict the original Tenant if the sublessee violates the lease terms or damages the property. [3]


Sample Maine Sublease Agreement Template

Right to Sublet

In Washington D.C., Landlords can ban subletting if it’s written in the lease agreement. If it’s allowed with approval, the landlord can set qualifications for the subtenant. A Landlord Consent Form can be used to get approval for subletting.

Short-Term Lodgings Tax

  • With Host on Property – Tenant must pay a lodgings tax if the rent term is less than 30 nights or less.
  • Without Host on Property (Vacation Rental) – Cannot exceed more than 90 nights per year.
  • Hotel / Transient Accommodations Tax – Short-term rentals are credited with a 14.95% transient accommodations tax in Washington D.C.

 


Sample District of Columbia Sublease Agreement PDF

WASHINGTON D.C. SUBLEASE AGREEMENT

1. THE PARTIES.

This Sublease Agreement (“Agreement”) is entered into on
__________________, by and between:
Tenant: __________________, with a mailing address of
____________________________________, who agrees to sublet to:
Subtenant: __________________, with a mailing address that is the same
as the property address. The Subtenant agrees to pay rent to the Tenant
in exchange for occupying the property.
Occupant(s): ____________________________________. An occupant
is a friend or family member allowed to reside on the property.

2. PROPERTY.

Address: ____________________________________
Type: ☐ Apartment House Condo Other: __________________
Bedroom(s): ____ Bathroom(s): ____

3. LEASE PERIOD.

Start Date: __________________
End Date: __________________
The Subtenant is permitted to occupy the property on the start date and must
vacate and return possession by midnight on the end date.

4. RENT.

The Subtenant agrees to pay the following:
Monthly Rent: $________
Due Date: ____ day of each month
Payment Instructions: ____________________________________.

5. FURNITURE. (check one)

– Property is Not Furnished.
– Property is Furnished. The property is furnished with the following items:

6. APPLIANCES. (check one)

– Property Has No Appliances.
– Property Has Appliances: (check all that apply)
– Air Conditioner(s)
– Dishwasher
– Microwave
– Refrigerator
– Stove/Oven
– Washing Machine & Dryer (for laundry)
– Other. ____________________________________.

7. SECURITY DEPOSIT. (check one)

– No Security Deposit.
– Security Deposit Required. $________ must be paid by the Subtenant at
the execution of this Agreement. The security deposit shall be returned to the
Subtenant within the return period required under Governing Law. Any damages
or losses caused by the Subtenant may be deducted from the security deposit. If
any deductions are made, an itemized list describing each deduction shall be
provided.

8. MOVE-IN INSPECTION. (check one)

– No Move-In Inspection.
– Move-In Inspection Required. Both the Tenant and Subtenant must complete a move-in inspection within 5 days from the start of the lease period. The inspection describes the property’s condition before move-in and must also be completed after the end of the lease period, which determines any damages caused by the Subtenant.

9. PRE-PAYMENT OF RENT. (check one)

– No Pre-Payment of Rent is Required.
– Pre-Payment of Rent is Required.
Pre-Payment Amount: $________
Pre-Payment Period:
Start Date:__________________
End Date:__________________

10. LATE RENT. If the Subtenant pays rent late, there is: (check one)

– No Late Fee.
– Late Fee: (check one)
– Fixed Amount. $________ for each ☐ occurrence ☐ day rent is late.
– Interest.____% per annum.

11. UTILITIES & SERVICES. (check one)

– Tenant Pays None. All utilities and services are paid by the Subtenant.
– Tenant Pays for Some. Tenant pays for:___________________________.
All other utilities and services shall be paid by the Subtenant.
– Tenant Pays for All. All utilities and services that are currently provided to
the property shall be paid by the Tenant.

12. PARKING. (check one)

– No Parking Provided.
– Parking is Provided.

____ parking space(s) provided with: (check one)
– No Fee.
– Fee (describe). ____________________________________.

13. PETS. (check one)

– No Pets Allowed.
– Pets are Allowed.
Number of Pets: ____
Types: ____________________________________.
Maximum Weight (per pet): ____ Pounds
Deposit (for all pets): $________
refundable non-refundable
14. SMOKING POLICY. (check one)
– Smoking is Not Allowed. Smoking is not allowed on the property.
– Smoking is Allowed: (check one)
– In All Areas.
– Specific Areas:____________________________________
15. LANDLORD’S CONSENT. (check one)
– Tenant Has Consent. The Tenant has consent from the landlord to sublet
the property.
– Tenant Does Not Have Consent. The Tenant does not have consent from
the landlord to sublet the property. However, upon executing this Agreement, the
Tenant agrees to request consent from the landlord. If written consent is not
obtained from the landlord within five (5) days, this Agreement shall terminate
within any money paid to the Tenant to be refunded.

16. NOTICES. If notice is sent by either party, it shall be sent to:

Tenant. (check one)
– The address mentioned in Section 1.
– ____________________________________.

Subtenant. (check one)
– The address of the property.
-____________________________________.

17. SUBLETTING. (check one)

– No Subletting Allowed. The Subtenant is not allowed to sublet the property
unless written consent is granted by the Tenant.
– Subletting is Allowed. The Subtenant is allowed to sublet the property.

18. LEAD-BASED PAINT. (check one)

– No Lead-Based Paint. The property was constructed after January 1, 1978;
therefore, no lead-based paint or hazard disclosures are required.
– Lead-Based Paint Disclosures. The property was constructed before
January 1, 1978; therefore, the Tenant must provide a lead-based paint or
hazards disclosure and the “Protect Your Family From Lead in Your Home”
brochure provided by the EPA.

19. LIABILITY.

The Subtenant agrees to surrender and deliver to the Tenant the
property, including all furniture, appliances, and decorations within the property,
in the same condition as they were at the beginning of the lease period, with
reasonable wear and tear excepted. The Subtenant is liable to the Tenant for any
damages occurring to the property, either by deducting from the security deposit
or billing separately. All actions conducted by any guests of the Subtenant are
the responsibility and liability of the Subtenant.

20. GUESTS.

There is no other person(s) living on the property other than the Subtenant and the Occupant(s). Guests of the Subtenant are allowed for periods not lasting for more than forty-eight (48) hours unless otherwise approved by the Tenant.

21. MASTER LEASE.

This Agreement must follow and is subject to the original lease agreement between the Tenant and landlord, a copy of which has been attached and is hereby referred to and incorporated as if it were set out here at length (“Master Lease”). The Subtenant agrees to assume all of the obligations and responsibilities of the Tenant under the Master Lease for the duration of the Agreement. All disclosures and statements required by the state and listed in theMaster Lease are made part of this Agreement and, when attached, will be considered disclosed to the Subtenant in accordance with state and local laws.

22. DISPUTES.

If a dispute arises during or after the term of this Agreement between the Tenant and Subtenant, they agree to negotiate amongst themselves before any litigation, arbitration, or mediation.

23. WRITTEN AGREEMENT.

This Agreement constitutes the sole agreement between the Tenant and Subtenant with no additions, deletions, or modifications that may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this lease are not legally valid and, therefore, are not binding upon either party.

24. GOVERNING LAW.

This Agreement is bound to the laws in the jurisdiction where the property is located.

25. ADDITIONAL TERMS & CONDITIONS.

________________________________________________________.

26. SEVERABILITY.

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions will remain in full force and effect and in no way be affected, impaired, or invalidated.

27. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of all parties on these matters, superseding any previous agreement between them.

Tenant Signature:______________________________ Date:___________
Print Name:______________________________
Subtenant Signature:______________________________ Date:___________
Print Name:______________________________
Subtenant Signature:______________________________ Date: ___________
Print Name: ______________________________

Tenant Right to Sublet

  • Tenants need their Landlords written consent to sublet if the lease term is under two years. [1]

Short-Term Lodgings Tax Rules

  • Accommodations Broker – In Kansas, an Accommodations Broker is any business offering two or more sleeping rooms for rent. These businesses must collect state and local sales taxes on all rental receipts.
  • Transient Guest Tax – Transient Guest Tax (set by the county or city) for stays of 28 consecutive days or fewer. [2]
  • Sales Tax – 6.5% State Sales Tax
  • Local Sales Tax – varies by location


Example Kansas Sublease Agreement

Tenant Right to Sublet

  • Tenants can sublease as long as their lease says otherwise. A Landlord Consent Form makes is used to get approval in writing. The Landlord can deny a sublease in Iowa with a reasonable reason. [1]

Short-Term Lodgings Tax Rules

Definition

offered for a fee for thirty days or less. [2]

Short-term / 30-days

Short-term rentals are not subject to sales tax but must pay:

  • 5% State Hotel Tax 3
  • Additional Local Taxes (varies by location)

Taxes are submitted electronically via GovConnect.Iowa.gov. [3]



Example Iowa Sublease Agreement PDF

Tenant Right to Sublet

  • The Landlord must approve the sublease in writing if it is not listed in the original written Indiana rental lease agreement. Use the Landlord consent form to get approval.

Short-Term Lodgings Tax Rules

30-day rental stays – An Indiana short-term rental (STR) is defined as any part of a home, condominium, cooperative, or timeshare rented for less than 30-days (1-month) at a time through a short-term rental platform. [1]

STRs are subject to the following taxes:

  • 7% State Sales Tax [2]
  • County Innkeeper’s Tax (by county) and it is collected by the Indiana Department of Revenue. [3]


Sample Indiana Sublease Rental Agreement PDF

Tenant Right to Sublet

  • Illinois state law doesn’t mandate subletting therefore whether you can sublet depends on your lease.
  • Landlords can’t unreasonably refuse a subtenant.
  • In Chicago, tenants have the right to sublet as long as the sublease is “reasonable” and does not need to be in the Illinois lease agreement form. [1]
  • The Landlord Consent Form is useful to get the Landlord written approval documented.

Short-Term Lodgings Tax Rules

30-day rental stays – 6% Hotel Operator Tax. [2]

Prohibited Locations – Short-term rentals (less than 30-days/1-month) in unincorporated residential zones are prohibited in some locations in Illinois such as Lake County. [3]



Sample Illinois Sublease Rental Agreement 

Tenants Right to Sublet

    Tenants can sublet in Idaho unless their lease specifically prohibits it. If the lease requires the Landlord’s permission, the Tenant must get written approval with a Landlord Consent Form.[1]

Short-Term Lodgings Tax Rules

  • A short-term rental is defined as property rented for 30 days or less in Idaho. [2]
  • The state charges a 6% [3] sales tax and a 2% travel and convention tax on these rentals. [4]
  • Some cities have own taxes or fee amounts.
  • State taxes are collected by the state and city taxes are collected by the cities.


Sample Idaho Sublease / Sublet Rental Agreement Template