How To Sublet Legally In Arizona

Subletting a home or apartment rental can be a stressful experience - especially if you're worried about penalties or worse from your landlord if they find out what you're up to. Fortunately, Arizona state laws provide clear guidance about how to set up an above-board (and risk-free) sublet. Unfortunately, the rules aren't so friendly for renters who need flexibility.

Follow these steps to legally sublease in Arizona.

1. Check your lease. If your lease does not mention or prohibit subletting then you are in the clear and free to do so. But, most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting.

2. Send a letter. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. The letter should clearly outline the terms of the agreement and include the following information:

   • The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
   • The name of the proposed subtenant or assignee
   • The permanent home address of the proposed subtenant or assignee
   • Your reason for subletting or leaving permanently
   • Your new address during the sublease if applicable
   • The written consent of any co‑tenant
   • A copy of the proposed sublease

3. Wait for a response. Unfortunately, in Arizona, the law isn’t very tenant friendly and doesn’t require your landlord to be reasonable when making his decision. He could reject your subletting request for any reason or no reason at all.

4. Collect and store a security deposit. To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow California laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.

4. Set up rent payments. You don't want to spend the first day of every month pestering someone for rent so that you can pay your landlord. You don't want to have to think about it at all.

   Agree on a process for rent payments before they move in. Put this process in writing in the sublet agreement that you both sign.

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