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Washington D.C. Sublease Agreement

A Washington D.C. sublease agreement is a legal contract that allows a tenant, known as the sublessor, to rent out all or a portion of their rental property to another tenant, referred to as the sublessee. In this arrangement, the original tenant remains responsible for the terms of the original lease until it concludes.

Right to Sublet

In Washington D.C., tenants must obtain explicit written permission from their landlord to sublet their rental property. If the original lease prohibits subletting, the tenant cannot sublet the property. If subletting is allowed with the landlord’s consent or if the lease is silent on the matter, the landlord may require that the prospective subtenant meet specific rental qualifications. These guidelines must be provided to the tenant upon request.

Standard Washington D.C. Sublease Agreement

A standard Washington D.C. sublease agreement typically includes the following elements:

  • Names of the Parties: Identifies the original tenant (Sublessor) and the new tenant (Sublessee).
  • Rental Unit Location: Specifies the address of the rental unit as described in the master lease.
  • Term: States the start and end dates of the sublease.
  • Rent: Details the amount of rent, payment due dates, and payment methods.
  • Utilities: Outlines which utilities are paid by the Sublessor and which are paid by the Sublessee.
  • Liability: Clarifies that the Sublessee is liable for damages, but the Sublessor retains ultimate responsibility as per the master lease.
  • Authorized Occupants: Lists the new tenant(s) and any guests allowed in the rental unit.
  • Security Deposit: States that the security deposit is held by the Sublessor and must not exceed one month’s rent.
  • Return of Security Deposit: Mandates that the landlord must return the deposit or provide notice of deductions within 45 days of the sublease’s end.
  • Inventory of Included Items: Lists items included in the rental unit (e.g., appliances, furniture).
  • Lead-Based Paint Notice: Required if the unit was built before 1978.
  • Master Lease Inclusion: A copy of the master lease must be attached, with any exceptions clearly stated.
  • Disputes: Describes how disputes will be resolved, potentially through mediation or arbitration.
  • General Conditions: Affirms that the written sublease contains all agreements and can only be modified in writing.
  • Smoking Policy: Specifies any restrictions on smoking within the rental unit.
  • Landlord’s Consent: Details how the landlord’s consent is to be obtained if not already included in the master lease.

Tax Implications of a Sublease in Washington D.C.

Sublessors may be subject to a transient accommodations tax if they sublet a property for less than 90 days. The current tax rate for short-term rentals is 14.95%.

Short-Term Rentals

A short-term rental (STR) is defined as an accommodation of 30 nights or fewer within the host’s primary residence while the host is present. A vacation rental is a type of STR where the host is not present, limited to 90 nights per calendar year, with each rental not exceeding 30 continuous nights.

Security Deposit Obligations

In Washington D.C., the security deposit must be returned within 45 days of the end of the sublease. Sublessors must provide subtenants with a 30-day written notice to pay rent or vacate the premises, as well as a 30-day written notice of intent not to renew the sublease and the original lease.

FAQs

Yes, in Washington D.C., a tenant must obtain explicit written permission from their landlord to sublet their apartment. If the original lease does not allow subletting, the tenant cannot sublet the rental unit.

A Washington D.C. sublease agreement should include the names of the parties, rental unit location, term dates, rent details, utilities responsibilities, liability clauses, authorized occupants, security deposit information, and any smoking policies. Additionally, it should attach a copy of the master lease and outline dispute resolution methods.

Sublessors in Washington D.C. may be subject to a transient accommodations tax if they sublet a property for less than 90 days. The current tax rate for short-term rentals is 14.95%.

If a subtenant damages the property, the sublessee is liable for the damages. However, the original tenant (sublessor) remains ultimately responsible for any damages as stated in the master lease agreement.

In Washington D.C., a landlord must return the security deposit within 45 days of the end of the sublease or provide notice of any deductions. They must also provide an itemized statement of deductions within 30 days of notification.

Yes, even after granting permission to sublet, a landlord in Washington D.C. retains the right to reject a subtenant if they do not meet the landlord’s rental qualifications, such as having poor references or insufficient income.

A short-term rental (STR) in Washington D.C. is defined as a fee-based accommodation for 30 nights or fewer within the host’s primary residence while they are present. If the host is not present, it is classified as a vacation rental, which is limited to 90 nights per calendar year.

If your landlord prohibits subletting in the lease agreement, you cannot legally sublet your rental unit. It’s important to adhere to the terms of your lease to avoid potential legal issues.