General information, not legal advice. This template is a starting point. Laws differ by state and city, so have a licensed attorney review your final document before you use it.
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The short version
- In a sublease the original tenant stays responsible to the landlord, and the subtenant answers to the original tenant.
- Most leases require the landlord's written consent before a tenant sublets, and some states limit when a landlord may refuse.
- A sublease can never last longer than the original lease or give the subtenant more rights than the tenant has.
- Landlords should screen subtenants with the same criteria they use for any applicant.
How subleasing works
A sublease lets a tenant rent out all or part of their home to someone else, the subtenant, while the original lease stays in place. The tenant keeps paying the landlord and keeps every duty under the lease. The subtenant pays the tenant and follows the original lease rules. Three people are involved, but there are two separate contracts: the master lease between the landlord and the tenant, and the sublease between the tenant and the subtenant.
When to use a sublease
- A tenant leaves for a summer, a semester or a work assignment and plans to come back.
- A tenant needs to move before the lease ends and the landlord prefers a sublease to an early termination.
- One roommate moves out and the others want to fill the room for the rest of the term.
If the tenant is leaving for good and someone else will take over the lease, an assignment or a new lease with the landlord is often cleaner. If you own the home and are renting a room in it, use a room rental agreement.
What to include
- The tenant, the subtenant and the landlord’s name.
- The master lease date and end date, with a copy attached.
- Exactly which space is sublet and which areas are shared.
- A start and end date that stays inside the master lease term.
- Rent, due date, late fee and how utilities are split.
- The subtenant’s deposit and how it comes back.
- A move-in and move-out checklist.
- A promise by the subtenant to follow the master lease rules.
- Signatures, plus a landlord consent section that makes clear the tenant stays responsible.
State rules to check
- Consent rules. Some states say a landlord may not unreasonably withhold consent, or treat silence after a written request as consent.
- Rent limits. Some rent controlled cities limit what a tenant may charge a subtenant.
- Deposit rules. The tenant collecting a deposit may have to follow the state’s deposit return deadline and itemization rules.
- Short-term rental rules. Many cities restrict stays under 30 days, and a short sublease may count as one.
Common mistakes
- Subletting without consent. If the lease requires consent, an unapproved sublease can be grounds to end the tenancy.
- Letting the sublease outlast the lease. A subtenant cannot have rights past the master lease end date.
- Skipping screening. Landlords who approve a subtenant without an application lose the chance to apply their usual criteria.
- No condition record. Without move-in photos, the tenant and subtenant will argue over who caused damage.
Using this agreement in TenantLoop
When a tenant asks to sublet, send the subtenant an online rental application from TenantLoop and review it on one record with your usual criteria, with screening through TransUnion SmartMove from the application. Store the consent and the signed sublease on the lease record so the paper trail stays with the unit.
What is in the template
An agreement between a current tenant and a subtenant for all or part of a rental home, tied to the master lease, with the landlord's written consent built in.
- Parties
- The master lease
- Subleased space
- Term
- Rent
- Utilities and shared costs
- Security deposit
- Condition and inspection
- Rules
- Repairs and access
- Default
- General terms
- Signatures
- Landlord consent
Read the whole sublease agreement template
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General template, not legal advice. Have an attorney in your state review before use.
Before you send it.
Is a sublease the same as an assignment?
No. In a sublease the original tenant keeps the lease and becomes a kind of landlord to the subtenant. In an assignment the original tenant transfers the whole remaining lease to a new person, who then deals directly with the landlord. The original tenant may still be liable after an assignment unless the landlord releases them.
Can a landlord refuse a sublease?
Usually, if the lease requires consent. Some states and cities say a landlord may not refuse unreasonably, or must answer a request within a set time. Check the rule where the home is located.
Who returns the subtenant's deposit?
The original tenant, who collected it. The landlord keeps holding the original tenant's deposit under the main lease.
What happens if the subtenant stops paying?
The original tenant still owes the full rent to the landlord. The original tenant can pursue the subtenant under the sublease, using the legal process the state requires.