How to write a sublease agreement

Published 17 October 2026 · Landlords and tenants

A sublease agreement lets an existing tenant rent all or part of a home to another person while the original lease remains in place. It should explain permission, the space, dates, rent, deposit and household responsibilities. Before discussing wording, check whether the lease and local law allow the arrangement at all.

Understand who is making which agreement

The original tenant is often called the sublessor; the incoming occupant is the subtenant or sublessee. The landlord is a separate party to the original lease. Use each person's full legal name and identify the original lease by its parties, property and date so the documents cannot be confused.

A sublease is different from an assignment, where a tenant transfers their lease position, and from a roommate agreement between household members. Labels do not settle the legal classification. A person who stays in the home and lets a room may face different rules from someone who sublets the whole property.

Get consent and check the original lease

Read the lease, amendments and building rules before advertising. Check consent requirements, occupancy limits, permitted use, guest rules, insurance and any restriction on short stays. Local tenancy, licensing, rent-control or housing rules may add requirements or prohibit the proposed arrangement.

Where permission is needed, obtain it in the required form before giving possession. Keep the written consent with the sublease and provide the subtenant with the relevant lease terms. Do not claim that the landlord approved the arrangement unless approval has actually been obtained.

This sublease concerns the premises at [address] under the original lease dated [date]
between [landlord] and [tenant]. It is subject to any consent required by that lease
and applicable law. The attached written consent is dated [date]. The parties will
not begin occupancy before the required permission has been obtained.

This is illustrative wording, not a substitute for checking the lease or satisfying a legal consent procedure.

Describe the space and limit the dates

For a room, identify the bedroom and the shared kitchen, bathroom, living area, storage and parking. List furnishings and any areas excluded from use. For the whole home, give the unit number and address rather than relying on “my apartment.” Agree who else may occupy the property.

Record the start date, end date, key handover and move-out time. Do not promise occupation beyond the original tenant's right to provide it. Explain what happens if the original lease lawfully ends early, without pretending that a clause can remove a subtenant's mandatory notice or other statutory rights.

Make rent and utilities easy to check

State the currency, rent, due day, recipient and payment method. Specify who pays the landlord: the original tenant may remain responsible even when the subtenant is late. A payment by the subtenant directly to the landlord does not necessarily create a new tenancy or release the original tenant.

For shared bills, name the utilities, the allocation rule and when evidence of the bill will be provided. “A fair share” is a recipe for disagreement. Use a percentage, a fixed amount where lawful, or another objective method, and address seasonal or unusually high bills.

If the first month is partial, agree the calculation method. The prorated rent calculator can compare methods, but the lease and local rules determine which one applies. Keep a rent receipt or transfer record for every payment.

Handle the deposit as a separate obligation

Record who holds the subtenant's deposit, the amount, what it may cover, and the lawful return process. Do not assume that collecting a second deposit escapes deposit caps, protection schemes or accounting rules. Rules may apply to a tenant acting as a sublandlord as well as to the property owner.

Distinguish the deposit paid under the original lease from money paid under the sublease. A private promise to reimburse the original tenant does not automatically transfer the landlord-held deposit. Use the deposit return guide as a checklist of questions, then check the rules for the property.

Divide everyday duties without waiving rights

Say how repairs are reported, who contacts the landlord and what to do in an emergency. Allocate cleaning, rubbish, shared supplies and reasonable care of furnishings. Set lawful expectations for guests, pets, smoking, noise and keys, consistent with the original lease.

Do not make the subtenant waive habitability, privacy, fair-housing or other rights that local law protects. Entry, notices, fees and removal of an occupant require particular care. A contract is not permission to change locks, remove possessions or shut off utilities when a dispute occurs.

Sample rent and handover wording

The Subtenant will pay [currency and amount] per month to [recipient] by [method]
on the [day] of each month. Utilities will be shared as follows: [specific allocation].
The parties will complete and sign a condition inventory at handover and keep copies
of dated photographs. At the lawful end of occupancy, the Subtenant will return the
keys and leave the agreed space and furnishings in the condition required by law
and this agreement, allowing for ordinary wear.

Complete every blank and adapt the paragraph to the actual property and applicable law. Keep any deposit, notice and repair provisions consistent rather than scattering different rules through attachments.

Complete the move-in and move-out record

Inspect together and use a move-in checklist for damage, furnishings, meter readings and keys.
Attach the relevant original lease terms, required disclosures and written consent.
Agree a contact address for notices and emergencies; do not rely only on a social-media account.
Sign the complete agreement, keep copies and arrange a documented final inspection.

The official sources below illustrate why location matters: UK tenancy guidance and US lead-disclosure requirements are not a universal subletting checklist. Check current local rules, particularly for regulated housing or short-term accommodation.

Use the free sublease agreement template for a Word starting point, and read what the original residential lease should cover alongside it. Your answers stay in your browser when you fill it in online.

General information and sample wording, not legal advice. Obtain local advice about consent, deposits and tenancy rights before giving possession.

Sources

Questions

Does a sublease release the original tenant from the lease?

Usually not by itself. The original tenant can remain responsible to the landlord for rent and damage. A release or replacement arrangement needs the appropriate agreement and must comply with local law.

Can I sublet without the landlord’s permission?

Check the original lease and local law before offering the space. Consent may be required, and some arrangements may be prohibited or regulated. A sublease signed by two occupants does not override those rules.

Is a sublease the same as a roommate agreement?

No. A sublease grants occupancy through an existing tenant. A roommate agreement mainly divides household responsibilities between occupants; it does not by itself give permission to sublet or change the landlord’s rights.

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