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Sublease agreement

Reviewed by Clausery editors · · 3 min read

A contract between a tenant (sublessor) and a subtenant who rents part or all of the rental from them, with the original landlord's written consent - setting out rent, dates, rules and responsibilities.

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A sublease lets an existing tenant rent out all or part of their unit to someone else while remaining responsible to the landlord for the original lease terms. The original tenant becomes a landlord to the subtenant.

Always get the landlord's written consent before subletting - subletting without consent usually violates the lease and can be grounds for eviction. Check local law too; some cities restrict the landlord's ability to refuse.

What to include#

  • Parties and landlord consent. Original tenant (sublessor), subtenant, landlord consent (written approval attached), property address and unit.
  • Term and access. Start and end date (must not exceed original lease), what part the subtenant occupies (private room, whole unit), and how and when the sublessor can enter.
  • Rent and bills. Monthly rent amount, due date, payment method, security deposit (within legal caps), and split of utilities, internet and other bills.
  • Rules and responsibilities. House rules (quiet hours, guests, smoking, pets), who handles maintenance, and obligations to follow the master lease.
  • Default and termination. What happens if the subtenant misses rent, notice required to end the sublease, and that the subtenant agrees the master lease rules apply.

How to fill it in#

  1. Step 1: Get landlord consent first

    Ask in writing; attach the proposed sublease and subtenant information (income, references).

  2. Step 2: Screen the subtenant

    Run a credit check, references and verify income - you remain liable for rent and damage.

  3. Step 3: Set rent and deposits

    Rent can be up to what you pay (or more in some markets); security deposit limits usually mirror local landlord-tenant law.

  4. Step 4: Define the space

    State which room/area is the subtenant's and what is shared (kitchen, bathroom, common areas).

  5. Step 5: Sign and move in

    Both sign, attach the landlord consent and master lease, collect the deposit and first month's rent, and do a move-in walk-through.

Residential lease agreement

The master lease the subtenant must also follow.

Roommate agreement

For roommates on the same lease (not subletting).

Room rental agreement

For renting a room within an occupied home.

Rental application

Screen the subtenant like any tenant.

How to write a sublease agreement

Checklist and sample wording.

Questions

Do I need landlord permission?

Almost always yes. Subletting without consent is usually a lease violation that can get you evicted. Some cities/campuses require 'good cause' for the landlord to refuse.

Am I still liable?

Yes - you are still the tenant on the master lease and owe rent even if the subtenant stops paying you. The landlord will come after you, not the subtenant.

Can I charge more rent?

Sometimes yes; some rent-control areas cap sublet rent. Check local rules.

Who does the subtenant pay?

Usually you, and you continue paying the landlord. Or the subtenant can pay the landlord directly, but you remain responsible.

Can I evict the subtenant?

Yes - you act as their landlord and must follow the same eviction process (notice, court) required in your jurisdiction.

Browse all templates →

These are general templates, not legal or tax advice. Have anything unusual reviewed for your jurisdiction.

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