Month: March 2020

Subleasing or subletting, is becoming more and more common in today’s real estate market. It can be a great tool for all parties involved; convenient, timely and most importantly, financially beneficial.

Subleasing is the contractual agreement of a third party (new tenant) to take on the terms of a lease (including paying rent) from the original tenant, while the original tenant’s name remains on the lease.

On the surface, a sublease is straightforward, however failing to outline timelines, obligations and other details at the inception of the agreement can lead to a stressful and negative experience.

The Subleasing Process

Every sublet involves three parties; the landlord, the original tenant and the person taking over the lease, often referred to as the subletter. The first step in the sublease process is determining if you are allowed to sublease the space based on the current contract. If a sublease clause is not included in the lease, you must first reach out to your landlord to determine if a subletter is allowed, and under what conditions. 

After you have determined if a sublease is allowed, and what the conditions under which it is allowed, the next step is to begin to find a qualified subletter. This process can be difficult and time consuming, however there are businesses and services available to help, such as Un-Leased (www.Un-leasedus.com), they specialize in helping to find a qualified subletter, as well as coordinating move in and move out dates, and filing all necessary paperwork. Identifying the right subletter is critical to the success of the subleasing process, as the original tenant does remain responsible for paying rent in the event of a defaulting payment. It is important to perform appropriate interviews and background checks prior to agreeing to a sublet, similar to how landlords interview and vet prospective tenants prior to renting to them.

Once you have found the right subletter, the next steps are to determine logistics and signing the necessary agreements and paperwork. The extent of additional paperwork often depends on your landlord, so make sure to follow up with them on everything that might be needed. The logistics portion includes coordinating security deposit and monthly rent payments – again this is largely dependent on what your landlord requires in order to properly sublet, some might be ok without a security deposit, while others may require a typical 1 month rent. 

Along with move in and move out dates, logistics that should be agreed upon ahead of time include: if the space will be furnished or not, who is responsible for paying utilities (and if the account needs to be transferred to another person), and what options the subletter may have available to them at the end of the sublease term (is it a hard move out date, can they go month to month, or do they have the option to resign and at what rate, etc). 

Once agreements are signed, you are almost done! The last step is to ensure required payments have been received, and then move out and let your subletter move in! 

We often recommend checking in with the original landlord on a monthly basis to ensure that there are no issues. 

Step by Step

1. Determine if a sublease is allowed under your current lease
2. Find a qualified subletter – we recommend services like Un-Leased to help with this process
3. Coordinate logistics and necessary paperwork
4. Sign contracts & confirm payments
5. Move out! 

FAQs

What are some of the pros of subleasing?

Subleasing can provide flexibility to a tenant, allowing them to move earlier than anticipated without having to continue to pay double rent or a lease breaking fee (often 1.5 to 2 times monthly rent, if allowed at all!) For the subletter, it can provide a way in which to find a lease with a non-standard length (like 4 or 8 months, not typically offered) at a great rate. For landlords, it continues to keep their space occupied, and provides a new potential next tenant. Needless to say there are wins all around! 

What are some of the cons?

Finding the right subletter can be difficult, and can run the risk of still being left with a lease if they default.

Is the original tenant still responsible for the lease?

In the event that a subletter defaults on payment, the original tenant is technically still responsible for ensuring that payment is made. 

Who pays the landlord?

In most situations, the subletter will pay the landlord directly; however, in some cases, a landlord may want the original tenant to continue to pay the rent, and have the subletter pay the original tenant (this is most often not the case). 

Is a security deposit required?

This depends on the landlord’s requirement, typically a landlord will require the original security deposit to be paid by the subletter, and relinquish the original tenants security deposit back to them.

Do you have any questions about subletting, or thoughts on the above article? Feel free to reach out directly to Shaan Dadlani, licensed NC Broker/Realtor® by email at Shaan@YanceyRealty.com .

It may be a uncertain time right now, but don’t put your dreams of homeownership to the side! If you need any help with your home search, the Yancey Realty team is here for you!

Give our team a call today at 704-467-8877 to get started!

Joseph Thompson of Black Slaughter & Black is here to help us better understand what title insurance is!

Purchasing a home is one of the most rewarding and exciting experiences in one’s life. It can also be a very confusing process for first-time homebuyers or for people that do not deal in real estate transactions often. One of the more confusing aspects of a real estate purchase is the importance of title insurance. Prior to sitting at the closing table, very few buyers have ever heard of, let alone understand, the concept of title insurance. Title insurance can protect the buyer and the lender, if a home loan is required for purchase, from undue loss caused by a defect in title. A potential defect in title can appear in several circumstances, to include a bordering landowner’s easement or, in the extreme, a competing claim to ownership of the property.

Generally, if there is a potential defect in title and the owner/policyholder receives notification of a claim against the property, the policyholder must immediately reach out to the title insurance company that wrote the policy to file a claim. The title insurance company will then conduct an investigation to determine the validity of a claim and the company’s requirements under the policy. If it is found that the title defect is legitimate and covered under the terms of the policy, the title insurance company will defend the policyholder in that legal action. In the unfortunate case the policyholder is on the losing side of a title dispute, in most cases, the title insurance company will honor the policy and indemnify the homeowner up to the value of the property or the limits of the insurance policy.

Real estate purchasers can protect themselves from the possibility of a title defect claim by closing their real estate transaction with a law firm that is experienced in navigating the complexities of real property title. If you have a question regarding title insurance or are interested in using our services for closing your real estate transaction in North Carolina or South Carolina, the attorneys at Black, Slaughter & Black are available to assist you.

If you’d like to speak with Joseph about Title Insurance, you can reach him at 704.970.1593 or via email at JThompson@LawFirmCarolinas.com.

You can find more information about Black Slaughter & Black by clicking here!

When purchasing a new home, it’s important to do in-depth research on all facets of the homebuying process. One thing you’ll need to understand is how to best protect yourself and your investment if anything were to go wrong. Check out the information below on home insurance versus a home warranty to educate yourself on your options.

Home Insurance

Homeowners insurance pays for any accidental damages and loss that are caused by fire, lightning strikes, windstorms, and hail. However, damage from earthquakes and floods is typically not covered. It also covers the replacement of personal property in case of theft or damage and liability if a person were to get injured in your home or on your property.

According to American Home Shield, the average annual cost of a homeowner’s insurance policy ranges between $300 and $1,000, and the bank usually asks you to obtain a policy before the mortgage is issued.

Make sure to keep in mind that each type of coverage in the policy is subject to a limit and, in most cases, you will have to pay a deductible. 

Home Warranty 

A home warranty is designed to cover the cost of repairs and replacements of larger appliances and crucial systems in your home that may fail or break due to age and wear and tear. This includes, but isn’t limited to HVAC, electrical, or plumbing components, kitchen appliances, and your washer and dryer.

With a home warranty, you are required to pay premiums year-round, even if you do not use it. They also won’t cover damages if appliances were not maintained properly, or if the damage is from a fire or other disaster.

As we all know, the Coronavirus epidemic has been causing an economic slowdown. The good news is that, home values have increased 3 out of the last 5 recessions, and only decreased by less than 2% in the 4th. On that note, an economic slowdown does not necessarily mean a housing crisis!

Whatever your real estate needs are now during this uncertain time, or any time, the Yancey Realty team is here to help! Give us a call at 704-467-8877 today!

Happy St. Patricks Day! Whatever your real estate needs, the Yancey Realty team is here for YOU! 

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In this day and age, our smartphones have become just another limb, permanently fixed to our bodies. So, the idea of keeping phones out of the bedroom seems like such a foreign concept. However, here are 5 reasons why you should give it a try today!

1. Minimize temptation. Even if you think you have strong self-control, with your phone within arm’s length, you are much more tempted to play that additional game of solitaire, or scroll through Twitter for just another 15 minutes. This results in staying up later and later, which can readjust your internal clock, making it harder to fall asleep.
2. Ease your brain. Whether you’re scrolling social media, texting your significant other, replying to emails, or skimming the news, you are using and stimulating your brain. When you finally do put down the phone, your brain is still on overdrive. Try reading a book, meditating, or doing yoga instead to put your brain in a relaxed state.
3. Lessen disturbed sleep. One of the most common phone activities before bed is checking social media. However, a recent study published in the journal of Sleep1 found that using social media within 30 minutes of going to bed has been independently associated with disturbed sleep.
4. Limit LED screens in bed. Blue-light emitting devices, such as phones, can trick your brain into thinking it’s still daytime, slowing the production of melatonin which helps regulate sleep. 
5. Reduce disruptions to your sleep. With your phone out of the bedroom, you eliminate the chances of that ding or buzz waking you in the middle of the night and disrupting your important REM sleep.

Downsizing your home is not just for empty-nesters. There are numerous reasons and situations where this path could be the right one for you and your family! 

Minimizing

Owning a large home and property comes with large responsibility, like multiple rooms and floors, a large yard, and maybe features like a deck or pool. There is a lot of upkeep and cleaning that is required to keep a home looking and functioning at best! One common reason homeowners are looking to downsize is to reduce the time, energy, and money spent on those activities, leaving them with more time to do the things they truly enjoy with the ones they love!

Saving Funds

When downsizing to a smaller home, you allow for an increase in your monthly budget. Not only does your mortgage and maintenance cost less, but so do your utility bills, insurance, property taxes, interest payments, and furnishings. This is a great option for those who want to put their children through college, save for retirement, or pay off existing debts, such as credit cards or car payments.

New Adventures

Whether you are single, parents whose kids have flown the coop, retirees, or an adventurous family, downsizing your home could allow you to seek new experiences. Take that long-term trip overseas you’ve always wanted to go on. Buy a second home abroad for the family. Or purchase that boat, camper, snowmobile, or ATV.

Whatever your reason(s) are for wanting to downsize, enlist the Yancey Realty team to help with your home search! Call us at 704-467-8877 to get started today!