Sublease agreements or sublease contracts need to be used when someone who is leasing a property sublets the property to another person for a time. These contracts allow for a leased property to be lived in by someone else for a time if the original lease can’t break the lease for some reason. Subletting is not always allowed by every rental agreement, but when this is an option for you to explore, you might be able to move to a new location or find a new living arrangement without having to wait for the end of your lease.


Sublease Agreement Templates

By State

Can a sublease be used for any kind of property?

A sublease agreement can be used for any kind of property that you want to sublet that is zoned for residential use. This means that you might be writing a document for an apartment sublease agreement or for a house. The document will need the same information overall for either kind of living situation. This is essentially a lease within a lease, and you will be the new landlord for the secondary lease.

No matter what kind of home you are subletting, you need to be sure that you are aware of the limitations of this kind of contract before you engage in it with someone else. This is quite a common arrangement in the following situations:

  • Apartment leases
  • College housing
  • Roommates splitting a home or apartment
  • When you have to move for work and cannot break your lease
  • If you break up with someone and they want to move someone else in to take over the lease
  • If you have a conflict with the landlord and want to move to another location but cannot break your lease

These situations are more common than you might think. Knowing how to draft up a sublease can be really important if your living situation is not ideal in some way and you cannot get out of your lease. When people have to move around a lot for work, this can be a normal part of their process of moving out of a location to attend to their job. Researchers and other people who are away from home for large chunks of the year might also sublet their living situation during the times that they are not home as well.

Sublease Agreement Forms

What is the difference between a sublease and a sublet?

A sublease and a sublet are not actually the same thing. The sublet is a situation that happens when you have a new person take over your lease that becomes their own lease after the documentation and approvals have been processed. A sublease is done when you are not giving up the property and your rental agreement at the location. Subleases are between you and the other party without including the landlord, while subletting is done with the knowledge of the landlord. You might be allowed to engage in one kind of contract and not the other where you live as well.

There are various kinds of state laws that might impact your ability to use this option for your lease, and you should check into these rules as well as the specific language in your lease agreement before you assume that you can find someone to live in your apartment or home for a time to cover the rent while you are away. You might break your lease contract by doing this, and you need to be aware that many landlords do not appreciate this kind of action being taken without their knowledge. The actions of your temporary renter could also cause you to lose your lease. You do not want to move anyone into your leased living arrangement who will not follow the rules of the lease for this reason.

Sublease Contracts

Is a subletting person a roommate?

There are some key definitions that you need to remember when you are considering a sublease agreement. The definition of the person who is moving into your living space for a time does matter when using this kind of arrangement to handle your lease costs for a time.

  • Roommate. This person is an individual who lives in the same rental location as you and who has a signed contract with the landlord.
  • Subtenant. This person is someone who has signed a sublease with the person who leases the property and not the landlord.

You will need to be sure that you do not use the wrong terms when referring to the other person living in your home during the duration of your sublease. This can cause confusion that you will want to avoid.

If you are the person that is named on the sublease agreement, you are the current tenant by law. This means that you will have to adhere to all the rules and regulations of the property and the original landlord’s expectations. You will pay your rent to the original tenant since they are your landlord in this arrangement.

Free Sublease Agreement

How do you draw a sublease?

The sublease agreement will need some basic information in every case. There might be some additional clauses or information that needs to be included due to requirements in your state. You can check on this information easily through an online search if you are not sure about what you might need to change or add to your document. It is always better to be safe rather than sorry with regard to this part of the process. Non-compliance can break your lease or can make the person involved in the sublease with you be evicted from the property without notice.

  1. Premises.  The address and a description of the premises that will be rented out need to be the first thing listed in the document. This is important information because you cannot write a sublease without being clear about where the lease will be happening.
  2. Tenant Information. The full legal name of any tenants who are the primary renters needs to be listed in this part of the document. Addresses and phone numbers for each tenant need to be included as well. You will want to be sure not to leave out anyone who is on the lease with the landlord, and you will need to be certain that you do not use nicknames in this part of the document.
  3. Subtenant. This is the information of the person who will sublease the property. You will also need to use the full legal name of the person and indicate their current address and contact information.
  4. Term. This is the duration of the agreement. This might be for a few months, a year, or however long that you and the other party have agreed to the sublease. You cannot exceed the length of your current lease with the landlord, however. Your sublease will end when the primary lease ends.
  5. Original Lease. Explain the details of the original lease, and make sure that you name the landlord and give their contact information. Also, be sure that you are not leaving out any important details about the original lease that might change how the subleasing party uses the property. If your lease is only for one part of a house, for example, you need to indicate this information.
  6. Rent Amount. The amount of the rent needs to be stated, and the way that payment is to be made to the original tenant needs to be outlined as well. Be sure that you are not unclear about how payment is to be made so that there are no issues with conflict down the road.

There are some other sections that might need to be included in your agreement as well:

  1. Landlord Approval. This is not always required, but some landlords will only allow you to do a sublease with their direct approval. Be sure that you do not miss this part of the document if this is a requirement where you live. You do not want your subleasing agreement to be invalid from the start due to missing this key step.
  2. Sublease Security Deposit. You might want to charge a sublease security deposit to help make sure that you can take care of damages and repairs that might happen if the person renting from you is not careful in taking care of your leased apartment or home. This is a good item to include, no matter who you are leasing to.
  3. Late Fees. If you want to charge a late fee for missed payments and other issues, you will need to be sure that you state this information clearly in this section of the contract.
  4. Utility Payments. Some landlords pay almost all the utilities, but this is not always the case. You will not be changing the agreements that you have with the utility companies in question when you sublease, so you will need to be sure that you include these costs in the rent payment each month or make arrangements with the subleasing person to pay you for whatever the utilities turn out to be in a separate payment.
  5. Alterations or Changes. You should probably make a clause in every sublease agreement that indicates that changes to the property are not allowed while the subleasing person is living there. These things are typically not allowed by the original lease, and if the subleasing person thinks they can make these changes for any reason, they might do so without your permission and break the original lease.
  6. Policies. If the neighborhood that you currently live in has specific policies that need to be followed by all renters, be sure that these are made clear to the person subleasing from you. You should never assume that your subleasing party will have access to the rules and regulations that the original landlord expects from those living on their property. After all, their agreement is with you and not the original landlord. Be clear about all expectations for the maintenance and care of the property, as well as observance of the rules in this section.

Subleasing Agreements Need to be Written Carefully

Subleasing can be a really ideal way to take care of your rent costs if you need to be away for a time or in the case that you are having trouble with someone that you live with and need to take a break from your living arrangement. For those who work seasonal jobs or who are away from home a lot for other reasons, this can be an ideal way to make sure that you do not lose your home while you are gone. There are many parts of the world where it is very hard to find a place to live, and giving up a lease arrangement does not make any sense.

Make sure that you create your sublease correctly and that you do not forget any of the important information that needs to be in this document. You will need to be able to support the legality of the document, and you want to be sure that your subleasing party knows the rules and expectations for the property. This is one of the key reasons that your sublease agreement needs to be well-crafted and effective, but you will also have more peace of mind if this is the case.

 

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Tagged:AgreementLeaseReal EstateResidentialSublease Agreement
TemplateLab November 14th, 2022
Ryan Duffy
Ryan Duffy