Reviewed by Rocket Lawyer On Call Attorney Jason Cirlin, Esq
Make a Sublease Contract
Introduction
A Sublease Agreement is a lease contract between an original tenant and a subtenant. Sublet Leases, best if approved by the landlord or property manager, are often used when original leaseholders cannot complete the terms of their lease, need to move, are going to be temporarily relocated, or want to move in a roommate.
Use a Sublease Agreement if:
- You need to rent all or part of your leased apartment or house.
- Your landlord wants you to present a Sublease Contract signed by your new roommate.
- You cannot finish the terms of your lease and need a subtenant to finish it for you.
- You are temporarily relocated and do not want to lose your lease so you need to sublet.
A Sublease Agreement is a useful legal tool for those who need to make a formal agreement to sublet a residential unit. For those who cannot get out of their original lease, a Sublease Contract is often a good way to complete the terms of their lease in a way that suits everyone's needs. You can easily make a Sublease Agreement suitable for any state using our document builder.
If you need to sublet commercial space, see our Commercial Sublease Agreement.
Other names for a Sublease Agreement:
Sublease Contract, Sublet Agreement, Sublet Contract, Room Rental Agreement, Apartment Sublease Agreement, Residential Sublease Agreement, Subtenancy Agreement
What is a Sublease Agreement?
A Sublease Agreement is a lease document used for an original leaseholder to lease all or part of their rented apartment or house to another person. Perhaps the original leaseholder just wants to allow a roommate to move in or they may sublet their entire residential space because they have to move for work or they are going on an extended vacation. Residential Sublease Contracts are also often used when the original tenant, for financial reasons, must find a subletter to take over and complete the terms of their lease.
Are Sublease Agreements legal?
Yes, they can be. You will, of course, need to make the Sublease Agreement using a template that includes the legal language to support the necessary provisions. You'll also to need to make sure you acquire the landlord's approval and the required signatures.
What's included in a Residential Sublease Contract?
Making a Sublease Agreement using Rocket Lawyer's document builder is simple and doesn't take a lot of time provided that you already know the relevant information to be included, such as:
- Does your landlord allow subleasing? And if so, can you get the consent in writing?
- Landlord, prime lease tenant and sublease tenant contact information
- Prime lease information such as original lease date
- Will the Sublease cover the remaining time on the lease?
- When will the Sublease Agreement begin?
- Description of property leased including what portion the subtenant will lease
- Lease payment and security deposit information
- Do you want to include a provision for dispute resolution?
- Was the property built before 1978 and does a lead-based paint disclosure need to be included?
What is a prime lease?
A prime lease is simply the original Lease Agreement. The subleasee is usually bound to the stipulations outlined in the original lease and the prime lease signer is also still usually bound to the original lease as well. Unless the original leaseholder is released from the prime lease, they are still responsible for paying rent and maintaining the property according to the lease agreement. It is sensible to make sure the subtenant understands the terms (and has a copy of) the prime lease such as rules about parking, who pays utilities, pet provisions and more so that they can adhere to the original lease provisions. Often if you find someone to sublet your space you become the "sublandlord" who is responsible for collecting and paying rent and making sure the premises are cared for.
Do I need to tell my landlord that I want to sublease?
If you want to avoid possible negative consequences, yes. The first thing you'll want to do is to check your current lease agreement to see what it says about subleasing. Even if the lease doesn't include anything about subletting, it still is usually best to discuss it with your landlord. If your landlord approves to allow you to sublet your rental, get this agreement in writing. Our Sublease Agreement includes a section for including the landlord's information. You should attach a copy of the written agreement with the sub and prime lease.
Do subletters need to have good credit?
If your landlord or property management company is prudent, yes. Most landlords will want to screen a potential subtenant as well as they would for any rental applicant. Which means they will likely want to run a credit check and verify their income. Some may even run a criminal background check as well. If the person subletting the rental fails to pay rent or causes damage to the premises, the prime tenant is still financially liable unless the landlord allows the prime renter out of the lease agreement. So, it is in everyone's best interest that the subtenant is a good tenant.
If you are a landlord or property manager, see our essential documents for landlords for documents such as Lease Agreements, Eviction Notices, Rental Applications, and more.
