Residential Sublease Agreement
A Residential Sublease Agreement is also known as a:
- Sublet Agreement
- Sublease Contract
- Sublet Contract
- Room Rental Agreement
Who are the Parties in a Sublease Agreement?
The parties in a Sublease Agreement are:
- The Landlord, who owns the residential rental property and entered into a lease with the original tenant
- The Sublandlord (original tenant), who entered into a lease with the landlord, and is now subleasing all or part of the rental property to a subtenant
- The Subtenant, who is entering into a lease with the sublandlord to temporarily rent all or part of the property
What is a Residential Sublease Agreement?
A Sublease Agreement is a legally binding contract made between a tenant and a subtenant, with the landlord's consent. It describes the rights and responsibilities of the subtenant and sublandlord during the sublease term.
A sublease often occurs when a tenant needs to relocate temporarily during their lease term, and finds a third party, or subtenant, to take over rent payments while they're away. A tenant can also sublet a portion of the premises to a subtenant, such as a room.
A Sublease Agreement does not invalidate the terms of the original lease. The original tenant, or sublandlord, retains their obligations to the landlord, in addition to being liable for damages or lease violations by the subtenant.
Both the subtenant and sublandlord should sign the sublease and keep a copy for their records. In addition, the sublandlord should either attach a copy of the master lease to the Sublease Agreement or deliver it directly to the subtenant.
The Types of Properties You Can Sublet
As long as you have permission from the landlord, you can sublet any residential rental property, including:
- Basement suite
What to Include in Your Residential Sublease Agreement
A Sublease Agreement contains details about the rental arrangement between the sublandlord and subtenant, including whether:
- The sublease term will be fixed or renew automatically
- The entire premises or a portion of the premises will be sublet
- Rent and utilities will be the same as under the master lease
- A damage deposit is required
- Renters' insurance is required
- Alterations or improvements are permitted
- A check-in inspection form is required
Why Should I Use a Sublease Agreement?
It's important to have a written contract in place to outline the terms of the sublease. A formal agreement clarifies the obligations of all three parties during the sublease term, and can prevent future misunderstandings over payment details, maintenance duties, and liability for damages.