Sublease Agreement (Residential)
Simply complete the Residential Sublease Agreement form below then click on View Results to see your completed contract.

LawDepot's Residential Sublease Agreement:

  • Is used to transfer property rights that a tenant has under a residential lease to a third party.
  • Ideal for subletting houses, condos, apartments, garages, parking spaces, and more.
  • A simple and inexpensive alternative to paying a legal professional to draft a Residential Sublease Agreement.
  • Is also known as a Sublet Agreement.

If you would like to transfer property rights under a commercial lease, try our Commercial Sublease. If you would like to create a new residential lease, try our Residential Lease. If the original tenant and new tenant have signed a sublease without the Landlord's consent, try our Landlord's Consent to Sublease.

We regularly maintain this contract. Last Modified: August 2009


Sublease Agreement (Residential) Details
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This software has the flexibility to let you quickly create the Commercial Sublease you want. It does this by providing many options with appropriate defaults.

One common default is 'Do Not Specify'. This default means that the finished agreement will not have a clause dealing with that topic. The benefit of not specifying is that you get a shorter and simpler document; however, the document will be less precise. Also, in some cases, the issue may not even be applicable. For example, if you do not want to specify whether utilities are included in the rent, then it is appropriate to pick 'Do Not Specify' for the answer to this question.

Governing Law
 Q. What is the governing law of my Sublease?

 A. The governing law will be the jurisdiction in which the property is located, regardless of which jurisdictions the Sublandlord and Subtenant reside.

State:
Sublandlord Information (the tenant in the master/original lease)

Number of Sublandlords: Q. Who is the Sublandlord?

 A. The Sublandlord (or the original tenant) is the person who entered into a lease with the original Landlord, and who is now leasing all or part of the Landlord's property to the Subtenant.

First Sublandlord's Information

Name:
Type:


Second Sublandlord's Information

Name:
Type:


Third Sublandlord's Information

Name:
Type:


Fourth Sublandlord's Information

Name:
Type:


Address for Service of Notice:
(Where should notices from the Subtenant intended for the Sublandlord be sent?)
Subtenant Information (the new tenant in this sublease)

Number of Subtenants: Q. Who is the Subtenant?

 A. The Subtenant or Sublessee is the person who is entering into a lease for some or all of the Landlord's property from the Sublandlord.

First Subtenant's Information

Name:
Type:


Second Subtenant's Information

Name:
Type:


Third Subtenant's Information

Name:
Type:


Fourth Subtenant's Information

Name:
Type:


Address for Service of Notice:
(Where should notices from the Subtenant intended for the Subtenant be sent?)
Landlord Information (the landlord in the original/master lease)

Number of Landlords:

First Landlord's Information

Name:
Type:


Second Landlord's Information

Name:
Type:


Third Landlord's Information

Name:
Type:


Fourth Landlord's Information

Name:
Type:

Master Lease Information
 Q. What is the Master/Original Lease?

 A. The Master/Original lease is the lease that the Sublandlord (the original tenant) entered into with the Landlord. The Subtenant's interest in the property cannot exceed the interest created by the original lease.

Date Executed:
(e.g. June 4, 2004)
Type of Property:
Property Address:

(e.g. unit #, street, city, state, zip code)
A copy of the Master Lease: Q. Do I need to provide the Subtenant with a copy of the Master Lease?

 A. Yes, the Subtenant is entitled to a copy of the Master Lease. The Sublandlord can include a copy of the Master Lease with the Sublease Agreement, or can deliver a copy directly to the Subtenant.
Sublease Information

Type: Q. What does "Automatic Renewal" mean?

 A. Automatic renewal means that the lease continues indefinitely on the agreed upon interval (weekly, monthly, or yearly) until either the Subtenant or the Sublandlord gives notice to the other party that they will be terminating the sublease.
Start Date:
(e.g. July 4, 2004)
End Date:
(e.g. July 4, 2005)
Number of Weeks:
Number of Months:
Number of Years:
Area to be Subleased: Q. Do I need to provide the Subtenant with a copy of the Master Lease?

 A. Yes, the Subtenant is entitled to a copy of the Master Lease. The Sublandlord can include a copy of the Master Lease with the Sublease Agreement, or can deliver a copy directly to the Subtenant.
Description:
(e.g. the fourth floor of the lease premises.)
Rent

Is the rent the same as under the Master Lease?
Send the Rent to:
Sublandlord Landlord
Tenant will pay rent every:
Week Month Year
Amount of Monthly Rent Payment:
Day of the Month for Payment:
(e.g. first, second, tenth)
Address for Payment:
Utilities

Are the Utility Payments the Same as Under the Master Lease?
Specify which utilities and other charges the Subtenant is responsible for:

(e.g. electricity, natural gas, water, sewer, telephone, cable, condominium fees, recreation facilities, and laundry facilities)
Damage Deposit

Is a Damage Deposit Required? Q. What is a damage deposit?

 A. A damage deposit is a sum of money paid by the Subtenant to the Sublandlord to guarantee that the Subtenant will not damage the property. The Sublandlord holds the damage deposit for the term of the sublease to ensure that the Subtenant does not default on the terms of the sublease agreement or otherwise damage the property. Should the Subtenant damage the property (normal “wear and tear” excluded), the Sublandlord is entitled to recover the debt from the damage deposit. Usually the Subtenant must provide the Sublandlord with the damage deposit at the start of the sublease term. At the end of the sublease term, the Subtenant will receive the deposit back minus any deductions for repairs/restoration.
Insurance

Is the Subtenant required to have insurance? Q. Should the Subtenant have insurance?

 A. It is strongly recommended that the Property be insured. However, the Subtenant does not need to have his or her own insurance if the Sublandlord has obtained sufficient insurance to cover the Subtenant.
Alterations and Improvements

Are the Subtenant's rights to make improvements the same as under the Master Lease? Q. Can I restrict what alterations the Subtenant is allowed to make to the property?

 A. Yes, the Sublandlord can determine the extent to which the Subtenant can make alterations. The Sublandlord may reduce the Subtenant's right to make improvements from the level established for the Sublandlord in the Master Lease, but the Sublandlord cannot increase the Subtenant's right to make alterations beyond the level outlined in the Master Lease.
Inspection Form

Is a check-in inspection form required? Q. What is a check-in inspection form?

 A. The check-in inspection form is completed by the Subtenant within a reasonable amount of time after the Subtenant takes possession of the property. This form contains a description of the condition of the property at the time of the Subtenant's possession, and will be used at the end of the sublease term as a comparison tool to determine if the Subtenant caused any damage to the property.
Additional Provisions
 Click here for tips on drafting your additional clauses.

Number of Additional Provisions:
First Provision:
Second Provision:
Third Provision:
Fourth Provision:
Fifth Provision:
Consent

Create the Landlord's Consent to this Sublease?
Signing Details
 Q. Who should sign the Sublease?

 A. Both the Sublandlord and the Subtenant should sign the Sublease, and it is strongly recommended that at least 2 witnesses also sign it.

Date Sublease to be Signed: Q. I do not know when the Sublease will be signed. Can I fill in the date later?

 A. Yes, by selecting 'Unsure' as the date the agreement will be signed, a blank line will be inserted into the contract so that you can add the correct date after printing the document.
Date of Sublease:
(e.g. July 4, 2004)