Can a subtenant be charged moe rent than the tenant is charged?

UPDATED: Nov 8, 2011

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Can a subtenant be charged moe rent than the tenant is charged?

I’m subleasing an apartment and the person I’m subleasing from pays $415 a month. However the apartment complex says I would have to pay $459 a month to take over that person’s lease. The apartment complex rents by the room and I would be moving into the room as soon as that person moves out.

Asked on November 8, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A subtenant for a rental given the circumstances for the agreement can pay more or less than what the person he or she is subleasing the premises from per month. It all depends upon the negotiations done.

I see no reason why you would want to be the primary tenant in the unit you are renting with an increased rental unless the person from whom you are renting from will have his or her lease soon to expire with the landlord. If that is the situation, then the landlord can charge you whatever rate he or she wants and what you are willing to pay for the room. If that is the situation, I would counter the $459.00 per month rate with one that you feel comfortable with.

Make sure you get a written lease if you make an agreement with the landlord. Good luck.

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