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lawyer jason cirlin profile Reviewed by Rocket Lawyer On Call Attorney  Jason Cirlin, Esq

Introduction

The good news is you got a new job in a new city. The bad news is you just signed a new lease agreement on your apartment. You can use our Sublease Agreement to sublease your apartment to a new tenant, and avoid paying double rent.

Use a Sublease Agreement if:

  • You want to sublet your house, apartment or bedroom.
  • If you want to sublet a commercial property use a Commercial Sublease.

Other names for a Sublease Agreement:

Sublease Contract, Sublet Agreement, Sublet Contract, Room Rental Agreement, Apartment Sublease Agreement, Residential Sublease Agreement

Renters: check with your landlord before using a Sublease Agreement

If you're a renter and you're considering using a Sublease Agreement, it's important you check with your landlord (or read your lease) before creating one. This is because, depending on the language of your lease, subleasing a room in your house or your apartment could constitute a breach of the lease and, in the worst case scenario get you evicted. After all, your landlord rented the apartment to you, not to your friend or whoever else you're planning on moving in.

There are times when your landlord may consider making allowances for you, of course. For example, leases are sometimes amended to allow for responsible tenants to get a pet or make additions to a rental. Your landlord might be okay with you subleasing. You should simply make sure to check with him or her first.

Why you should use a Sublease Agreement

There are many circumstances when the subletter may be a friend or family member. You might consider a handshake enough to keep things above board and you may be worried about the implication of having someone close to you sign a Sublease Agreement. Don't be.

Your subletter probably has the best of intentions. But accidents happen. People leave the oven on or break the garage door on accident. Having a Sublease Agreement in place lets the landlord, the renter, and the subletter know who is responsible and liable for what. It keeps people out of court and can save a lot of time and hassle.

Some important points to consider in your Sublease Agreement

While you'll be allowing someone who isn't on the original lease to stay, you want to hammer out a few details before they move in. Here are the most important ones:

Maintenance: Generally, landlords are responsible for true repairs, things like leaky faucets and busted refrigerators. But the apartment is usually maintained by the tenant. If your property has a front lawn that needs mowing or other general upkeep beyond just keeping the place tidy, decide whose responsibility that is in your Sublease Agreement.

Additions & Repairs: As we mentioned above, it's usually the policy that the landlord takes care of repairs to the property. But you'll want to put something in your Sublease Agreement about making substantive changes to the property. This goes beyond, say, hanging a picture. It's usually advisable to forbid a subletter from making true alterations to a unit.

Other documents for you and your business:

If you're using a Release of Liability, chances are you might need one of the following:

If you have any questions about what's right for you and your business, we can connect you with a lawyer for quick answers or a document review.

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