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What is a Sublease Agreement?

A Sublease Agreement is a rental contract between an original tenant and a subtenant. This document is typically used when the original tenant cannot complete the terms of their lease, need to move, are going to be temporarily relocated, or want to bring in a roommate. Many landlords don't allow subletting without permission, so it is important to check the terms of your lease before making this agreement. In some states, you will even need your landlord's written consent.

When to use a Sublease Agreement:

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

Sample Sublease Agreement

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SUBLEASE AGREEMENT

 

 

This Sublease Agreement (the "Sublease") is made effective as of , by and between and ("Tenant"), and and ("Subtenant"). Tenant has previously entered into a lease agreement with ("Landlord") ("Subtenant"). Tenant has previously entered into a lease agreement with and ("Landlord") dated (the "Prime Lease"), a copy of which is attached as an exhibit to this Sublease. The Tenant now desires to sublet the leased property to the Subtenant and the Subtenant desires to sublet the leased property from the Tenant. Therefore, the parties agree as follows:

 

PREMISES. Tenant, in consideration of the sublease payments provided in this Agreement, sublets to Subtenant located at , ,   (the "Premises").

 

TERM AND POSSESSION. The term of this Sublease will begin on and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Prime Lease, which terminates . Subtenant's tenancy will terminate on , unless Landlord and Subtenant sign another written agreement prior to the end of tenancy providing for an additional period of tenancy. Subtenant is not responsible for finding a replacement upon the termination of his or her tenancy. terminate on . Subtenant shall be entitled to possession on the first day of the term of this Sublease, and shall yield possession on the last day of the term of this Sublease, unless otherwise agreed by both parties in writing.

 

SUBLEASE PAYMENTS. Subtenant shall pay to  sublease payments of per month, payable in advance on the day of each month, for a total sublease payment of . sublease payments of per , payable in advance on the of each , for a total sublease payment of . Sublease payments shall be made to at , ,  , which may be changed from time to time by .

 

 

SURETY BOND. Subtenant shall purchase a surety bond in the amount of from , , , , the purpose of which shall be:

(1) To reimburse the landlord for actual damages caused to the premises by the Subtenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning; and/or
(2) To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Subtenant; and/or
(3) To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the Subtenant.

 

(1) Except under the circumstances outlined in subsection (c) of this section, payment for a surety bond is nonrefundable;
(2) The surety bond is not insurance for the Subtenant;
(3) The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the Subtenant;
(4) The Subtenant may be required to reimburse the surety for amounts the surety paid to the landlord for any claim made by the landlord against the surety bond;
(5) Even after a Subtenant purchases a surety bond, the Subtenant remains responsible for the following:
a. Even after a Subtenant purchases a surety bond, the Subtenant remains responsible for the following:
b. To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Subtenant; and
c. To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the Subtenant, which includes termination pursuant to § 5314 of this title, providing that reimbursement caused by termination pursuant to § 5314 of this title shall not exceed 1 month's rent.
(6) Nothing in this section shall be construed to require the Subtenant to pay, as between the landlord and the surety, more than the total amount owed to the landlord under subsection (a) of this section.

 

NOTICE. Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party:

 

TENANT:

 

 

 

,   

 

SUBTENANT:

 

 

 

,   

 

 

 

Such addresses may be changed from time to time by any party by providing notice to the other interested parties as described above.

 

GOVERNING LAW. This Sublease shall be construed in accordance with the laws of the State of Commonwealth of .

 

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

 

LANDLORD'S CONSENT. The Prime Lease requires the prior written consent of Landlord to any subletting of the Premises. Such consent has been obtained and a copy is attached as an exhibit. The effectiveness of this Sublease is expressly conditioned upon Landlord's written consent to this Sublease. Tenant agrees to use its best efforts to obtain such consent. If Landlord's consent cannot be obtained, this Sublease shall be null and void and neither party shall have any further obligations to the other arising out of it.

 

INCORPORATION OF PRIME LEASE. This Sublease is subject to all of the terms of the Prime Lease with the same force and effect as if each provision of the Prime Lease were included in this Sublease, except as otherwise provided in this Sublease. All of the obligations of Tenant under the Prime Lease shall be binding upon Subtenant. All of the obligations of Landlord under the Prime Lease shall inure to the benefit of Subtenant. It is the intent of the parties that, except as otherwise provided in this Sublease, the relationship between Tenant and Subtenant shall be governed by the various provisions of the Prime Lease as if those provisions were included in this Sublease in full, except that the terms "Landlord," "Tenant" and "Lease" as used in the Prime Lease, shall instead refer to, respectively, "Tenant," "Subtenant" and "Sublease."

 

RELEASE OF TENANT. Tenant is hereby released by Subtenant and Landlord from any and all further obligations, which may now or later arise under the Prime Lease or this Sublease. This Sublease shall be construed and effected as a full and complete assignment, without recourse, of Tenant's interests, burdens and benefits arising out of the Prime Lease, and an acceptance of those interests, burdens and benefits by Subtenant.

 

Furthermore, the Landlord hereby consents to the foregoing Sublease specifically reserving, however, the right of the undersigned to refuse to consent to any future assignment or subletting. The Landlord hereby releases Tenant from any further obligations arising out of the Prime Lease.

 

TENANT

 

 

By:   Date:  

 

By:   Date:  

 

SUBTENANT

 

 

By:   Date:  

By:   Date:  

 

LANDLORD

 

 

By:   Date:  

 

By:   Date:  

 

 

 

RESIDENTIAL SUBLEASE

INSPECTION CHECKLIST

 

Subtenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:

 

 

SATISFACTORY COMMENTS

 

Bathrooms _______ ______________________________
Carpeting _______ ______________________________
Ceilings _______ ______________________________
Closets _______ ______________________________
Dishwasher _______ ______________________________
Disposal _______ ______________________________
Doors _______ ______________________________
Fireplace _______ ______________________________
Lights _______ ______________________________
Locks _______ ______________________________
Refrigerator _______ ______________________________
Screens _______ ______________________________
Stove _______ ______________________________
Walls _______ ______________________________
Windows _______ ______________________________
Window coverings _______ ______________________________
______________ _______ ______________________________
______________ _______ ______________________________

 

_______________________________

Date

 

Subtenant:

 

 

____________________________________________________

 

 

Acknowledged by Tenant:

 

 

____________________________________________________

 

 

 

RESIDENTIAL SUBLEASE

DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT

OR LEAD-BASED PAINT HAZARDS

 

Lead Warning Statement

 

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.

 

Landlord's Disclosure

 

(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):

 

(b) Records and reports available to the landlord (Check (i) or (ii) below):

 

Tenant's Acknowledgment (initial)

 

(c) _____ Tenant has received copies of all information listed above.

 

(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.

 

Agent's Acknowledgment (initial)

 

(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

 

Certification of Accuracy

 

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

 

By: ___________________________________ Date: __________________

 

By: ___________________________________ Date: __________________

 

By: ___________________________________ Date: __________________

By: ___________________________________ Date: __________________

 

By: ___________________________________ Date: __________________
By: ___________________________________ Date: __________________

 

 

Sublease Agreement Checklist

 

 

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___Sign this document. This document needs to be signed by:

 

 

The Agreement can be signed online. It becomes effective as of the date specified in the Agreement. It becomes effective as of the date signed.

 

___Everyone gets a copy. Anyone named in the document should receive a copy of the signed document. If you sign this agreement online a copy will be securely stored in your account. You can share your document from your account.

 

 

Important Details

 

Some states require that if a sublease exceeds a specified number of years, it must be recorded in the public records, which, in turn, usually requires that the document be notarized. If the original term of the Sublease will extend beyond one year, you should investigate the specific requirements of your state with respect to notarizing and/or recording the Sublease.

 

In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.

 

 

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Sublease Agreement FAQs

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  • Sublease vs sublet: What is the difference?

    Sublease andsubletare sometimes used interchangeably to discuss the same concept—the leasing of property to a tenant who was not part of the original contract. The wordsubleaseoften describes the actual document used to record the agreement, whilesubletcan refer to the action of leasing property to a subletter, or it can refer to the actual property being leased.

  • How do you write a Sublease Agreement?

    Making a free Sublease Agreement using Rocket Lawyer 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 subletting?
    • Who are the landlord, prime (original) lease tenant and sublease tenant?
    • Prime lease information such as original lease date
    • Will the sublease cover the remaining time on the lease?
    • When will the sublease 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?
  • How does a sublet work?

    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 Rocket Lawyer.

  • Is subletting legal?

    Depending on your original lease and what state you live in, you'll need to acquire the landlord's approval before subletting or you could put yourself at risk of eviction for breaking the lease terms. You will, of course, also need to make the Sublease Agreement using a template that includes the legal language to support the necessary leasing provisions. If you have questions about your subletting arrangement, ask a lawyer .

  • Are Sublet Agreements legally binding?

    Yes Sublet Agreements are legally binding due to the document essentially being a housing contract between two parties. As with any legal contract, it can be helpful to have an attorney review before you sign.

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