Understanding Sublease Agreements in Massachusetts for Musicians

As a pop music, punk rock, and emo music enthusiast, I’ve dealt with quite a few artists of all genres. No matter their genre, one hard fact remains – Music isn’t free. While up-and-coming artists, bands, or solo performers can join a record label like Warner Music Group, Universal Music Group, Sony Music Entertainment, or any other record label presently operating in the world, as an unknown, you have to make your music yourself. It’s expensive. Recording, producing, and distributing tracks doesn’t merely involve the cost of studio equipment, but also the imprint costs and even the artist contract worth millions of dollars. As such, many artists in Massachusetts sublease studio space to other artists.

A comprehensive sublease agreement in Massachusetts is a real estate contract between two different parties to sublet property under a lease already signed by a primary tenant with a landlord. Subletting property is common in the music industry. Because of the costs involved with recording tracks, renting out studio space or time is beneficial. However, I can’t stress enough how many Massachusetts musicians fail to make themselves aware of the terms and conditions of subleasing – Whether they’re the primary tenant or the one sublet to.

The reason why I stress the importance of a sublease agreement in Massachusetts is due to the ramifications of signing a contract without agile awareness of its terms and conditions. Like a track on an album gone wrong, a sublease agreement gone wrong can ruin an artist’s chances of making it big in the Massachusetts music industry.

As such, below are ten things that musicians should know before signing a sublease agreement.

When subleasing property, it’s important for musicians to make themselves aware of the key terms of the agreement before finalizing the contract. In other words, pop music stars need to be keenly aware of what they’re getting into. To help you understand what’s vital in a sublease agreement in Massachusetts, here’s a quick breakdown:

Although this list only scratches the surface of the major components of a sublease agreement in Massachusetts, being familiar with the basics of what a lease is and what the possible ramifications of signing a sublease that don’t favor your best interests are of top importance.

However, it’s not just the words on a lease that artists should care about. Like all good things in punk, emo, and pop music, where there’s a fit of self-awareness, there’s a few things musicians should avoid doing when assigning a sublease.

Now that we’ve covered the basics and some of the terms that should be avoided in a sublease agreement, musicians should continue to make themselves aware of their legal obligations as well as the responsibilities of both the sublessor and the sublessee:

Unlike a well-oiled pop music machine, the process of booking a venue, renting out the space, and signing a sublease can vary from artist to artist. As such, venues will often be the other party involved in the process. The important thing to remember is that you’re still dealing with a real estate agreement. As such, both parties involved should be keenly aware of whether they’re the sublessor or the sublessee – And keep in mind that there is more than one party involved in the process.

When it comes to subleasings, negotiation goes a long way. As with any type of real estate contract, being reasonable and fair with both yourself and the other party involved is crucial. Of course, if you’re unfamiliar with the standard, the line between fair and unreasonable can be thin. For that reason, I recommend hiring a Boston real estate lawyer to help you negotiate the terms of a lease or sublease.

If you’ve ever heard a pop punk song about falling in love or getting your heart broken, you probably heard a few tips on how to make the relationship work within the lyrics of the song. Although singer-songwriters aren’t lawyers, they know that maintaining a strong relationship with another person requires conscience effort, communication, and hard work. When it comes to subleasing property in Massachusetts, the same rules apply.

If you’ve never been to a concert where the band (or the artist) kicked someone out of the second row while explicitly stating “If you’re going to be an asshole [or anything remotely vulgar in nature], you’re going to ruin the show for everybody else,” you probably didn’t go to a local concert. What they’re doing on stage by calling out an individual in the crowd is one of the steps that keeps everyone together and happy. Real estate contracts are no different.

So how does the calling out of an individual at a concert keep everyone happy aside from preventing an asshole from causing a scene? It’s simple. Whether you’re the sublessor, the sublessee, or merely the landlord to whom the sublessor has a primary lease agreement that permits a sublet to occur, communication is key to ensuring a positive experience for both parties. In other words, if you’re going to have a friend sleepover at your apartment and then write a sad pop punk song about it, you’re going to let your parents (or your landlord) know because otherwise, you could be looking at an eviction.

Now that we’ve covered the basics of subleasing, singer-songwriters in the state of Massachusetts should be keenly aware of whether or not the following even apply to them before signing a sublease agreement:

Of course, although there is no one-size-fits-all rule or list that covers every single situation in which a musician will find themselves subletting or assigning a lease, the list above serves as a quick reference of some sublease requirements that musicians should be mindful of.

Some of the most important states that Massachusetts pop, punk, and emo artists should be aware of when signing a lease or sublease agreement include age of the tenants, whether or not rent is due immediately, whether the sublease will become a contract between the photographer and the owner of the apartment (or the tenant who signed the primary agreement), and even whether the landlord is permitted to evict the photographer with or without notice.

With all this in mind, subleases and subleasing agreements are generally understood to be legally binding contracts. As with any other contract that’s viewed upon as legally binding, performing artists in Massachusetts should be aware of what’s in the agreement (and triple check for changes in the terms after one of the parties has signed) before signing the contract.

Also, I wouldn’t recommend spending thousands of dollars in studio time without first consulting with a Boston real estate attorney or a Massachusetts attorney that specializes in music contracts. With the costs of recording tracks and even the promotion that will go into a debut album, you’re going to want to make sure you’re making the right moves.

Although they’ve been around for decades, those catchy pop punk, emo, and pop rock sides are not going out of style anytime soon. While leasing and subleasing agreements in Massachusetts can be tricky, I have to admit that I’d take making a few mistakes on a real estate contract over forgetting the lyrics to an iconic pop punk, emo, or pop rocks song any day.