How do you write up an official contract?

Question

I'm going to be subletting my apartment for all of next year (signed lease early - stupid). However, I obviously need to write up a contract to avoid all damages and unpaid rent.

My question is, what makes a contract official? What's the difference between signing a contract to pay for say, a membership somewhere, and some dude just writing something and someone else signs it and it has no meaning? Do I need to get a lawyer involved or something? I know that I definitely need to get a unrelated witness to sign it as well.

Basically, I just want something to ASSURE myself ZERO liability once that subletter signs my contract. How do I ensure that?

Yes, I do have permission to sublet. It is a large, corporate student housing complex built less than two years ago.

Basically, I just want to know, if the subletter doesn't pay, what happens to him? Does that need to be stated in the contract? Do I need to get collateral or something, like a car lease?

The tricky thing is, I'm not really dealing with a typical landlord...this place is run by a management group, and the land is owned by a wealthy landowner in the area that has nothing to do with the place besides funding. There is a leasing officer that does the leasing, but she works under the property manager.

Answer 1

"Basically, I just want something to ASSURE myself ZERO liability once that subletter signs my contract. How do I ensure that?"

The textbook solution is to do what is called a "novation".

If you keep this between you and the subtenant, if they breach the lease, you are still personally responsible to the landlord. What you want to do is substitute the new tenant for you, whereby they assume all of your liabilities, and the landlord releases you completely.

A novation is a document where all three of you agree that the new tenant will be substituted for you, and that you are no longer bound.

But the reality is that attorneys have all but forgotten how to write them, so there's a simpler way to do it that doesn't require an attorney at all.

Assuming this is agreeable to the landlord in concept, you and new tenant go to the landlord, he signs a new lease for the unit, and since the landlord can't have two leases at once on the same unit, they'll give you your deposit back.

For additional protection, you can ask for a copy of the new lease, or a memorandum acknowledging that the old lease is now mutually rescinded, signed by you and landlord.

If you don't get the landlord's signature, you're bound and can be sued if the new tenant doesn't perform.

Answer 2

well the first thing you need to do is check with your landlord if he will agree to this, there may well be a clause in your lease forbidding you to sub-let, if the landlord does agree however, then the contract will be between the 3 of you, a. the landlord
b. yourself and c. the person subletting the apartment or house from you, you can make a civil written arrangement if this is agreeable to all three parties, and if this is the case once the document has been independently witnessed, find a public notary and have them register the document and sign and stamp it, it will then become a binding document, all it needs to state is that you are subletting the apartment as the first party, to the person who is taking on the lease as a sub tenant and guarantees to pay rent and damage costs that occur in the rental period as the second party, and that the landlord agrees to this arrangement and if any rent is due or damages to be paid for will seek redress from the second party, the document must then be signed by all three parties, witnessed and notarised. as i see it it will then be legally binding.

Answer 3

Well, you have signed a contract for the rental on the apartment and in doing so have accepted some responsibilities. You cannot get out of these by signing a contract with a third party. What you can do is to protect yourself as well as possible by having a lawyer draw up a contract and explain it to you. These sort of contracts are very much standard documents and should not cost you very much, but do use a lawyer.

Answer 4

Only an attorney who has passed your state's bar exam is fully qualified to create legally binding documents (ie contracts). Anything you write yourself is subject to being found illegitimate. Hire an attorney and get him to write up the contract for you, or else you will get hosed.

The difference between a contract that an attorney writes and one that you write yourself is that although they are both recognized as forms of personal consent that can be sued for in civil court, contracts written by attorneys are far less likely to be subject to numerous legal pitfalls and loopholes, any one of which could invalidate your entire contract and negate the agreement.