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Last revision: 11/16/2023
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A Sublease Agreement allows a Tenant, who has a lease to a residential property (an apartment, condo, house, or other property that someone uses as their primary dwelling), to assign their rights in the property so that a new individual, called the Subtenant, can take over all or part of a property in their place. This Agreement can be used when the original Tenant will be gone from the property for either a portion or the entirety of the remaining term under the original Lease agreement. The Subtenant may pay rent to either the Landlord or the Tenant to take over the space the Tenant originally rented from the Landlord.
For more information on the specifics of subleases and their related obligations, please see the legal guide Tenants and Subtenants Obligations under a Sublease Agreement. For those looking to lease a commercial property, which is used primarily to do business, a Commercial Lease Agreement should be used instead.
How to use this document
This Sublease Agreement will help you detail all of the required rights and responsibilities necessary to sublease the property to a Subtenant. The document allows you to describe the property, arrange who will collect the rent payments, set the amount and frequency of rent payments, and specify whether or not the Subtenant will be required to pay a deposit to the Landlord. In addition, this document allows you to note if other details, such as whether or not the original Lease Agreement specifies that the Landlord's written consent is necessary for the Tenant to sublease the property to a Subtenant or whether the Landlord agrees to release the original Tenant from all responsibilities or obligations related to the property. The Landlord's permission to sublease can be obtained by using a Consent to Sublease document.
By signing the Sublease, the Subtenant is agreeing to be bound by all of the terms of the original Lease Agreement between the original Tenant and Landlord.
As with Lease Agreements, Sublease Agreements in the United States are generally subject to the laws of individual states.
The Environmental Protection Agency governs the disclosure of lead-based paint warnings in all rentals in the States. Distinct from that, however, required disclosures and lease terms will be based on the laws of the state, and sometimes county, where the property is located.
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