Subleasing? Protect Your Rights by Making It Official.

Q: My daughter is a graduate student at an out-of-state university. She found a nice off- campus apartment in an upscale rental complex. She will sublease part of the apartment from a couple who are the primary tenants. She would have her own bedroom and bathroom and would share the kitchen and living room. She also plans to rent her parking spot in the apartment garage and would be allowed to use the community's pool, gym, etc.

This arrangement causes me some concern, as I want to protect my daughter's legal rights. Should she or the primary tenants notify the landlord or management company? Should she be added to the apartment lease as a named tenant? How is she assured access to the pool and other facilities if she is not the lessee? Should she have a written agreement covering her subtenancy arrangement with the roommates? If so, is a preprinted form adequate, or should they try to craft their own agreement from scratch?

The "master lease" expires in a few months. The lessees then plan to go month to month. What are her rights and obligations then, if any?

Because this is a built-in two vs. one arrangement, how should decisions about daily living be determined? -- Potomac

A: You are right to want to help your daughter protect her rights as a tenant. The best approach is to draw up a written agreement -- between your daughter and the apartment's current tenants, between your daughter and the management company, or both.

First, your daughter should talk to the residents to find out how they intend to make her tenancy official. They may be choosing to sublease the apartment because their lease is almost over and they want month-to-month flexibility. Putting your daughter on the official lease could result in another year-long lease or a rental increase.

Having a sublessor's agreement should ensure that your daughter has protections similar to those that the tenants have under their lease with the management company. Be sure to look at the tenants' signed lease to find out what those terms are.

It is important to double-check that the building allows subletting. If your daughter wants to use the pool, gym and parking garage, management will need to know she exists.

Yes, people overlook rules against subleasing, but that could jeopardize your daughter's access to common areas or make her feel uncomfortable.

If the tenants do not want to sign a new lease that includes your daughter and if the building does not allow subleasing, advise her to keep apartment-hunting.

But, let's say all goes well and she is allowed to sign an agreement with the current tenants. They can certainly use a generic, preprinted lease agreement. Just remember that housing laws will override any illegal terms in the agreement.

Leases you find on the Internet or in office supply stores may not reflect some local housing laws. You can usually obtain sample leases from your local or state housing office.