Free Residential Sublease Agreement

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Residential Sublease Agreement

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Your Residential Sublease Agreement

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RESIDENTIAL SUBLEASE

THIS SUBLEASE AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

________________________

(the "Sublandlord")

OF THE FIRST PART

- AND-

________________________

(the "Subtenant")

OF THE SECOND PART

  1. Background
  2. This is an agreement (the "Sublease Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublease Agreement are subject to the terms and restrictions of the master lease (the "Master Lease") dated March 17, 2024 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following apartment and any improvements on those lands (the "Premises") municipally described as: __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________.

IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Subleased Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

The remainder of this document will be available when you have purchased a licence.

Last Updated January 31, 2024

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What is a Residential Sublease Agreement?

A Residential Sublease Agreement is a contract a tenant uses to allow someone else to occupy their rental space for a portion or the remainder of the original lease.

You can sublet an entire rental property or a portion, such as one room. 

A Residential Sublease Agreement is also known as a:

  • Sublease contract
  • Sublet contract
  • Subletting agreement
  • Sublease form

Looking for a Residential Sublease Agreement in French?

Use our Contrat de sous-location résidentielle.

Who are the parties to a Residential Sublease Agreement?

A Residential Sublease Agreement is between a sublandlord and subtenant:

  • The sublandlord, also known as the immediate landlord or head tenant, is the original tenant of the property and has a tenancy agreement with the landlord
  • The subtenant is the new tenant renting from the sublandlord

It’s important to note that although the landlord owns the residential property and rents it to the original tenant, the Sublease Agreement is only a contract between the sublandlord and the subtenant.

Yes, subleasing is legal in Canada as long as your Residential Lease Agreement permits it. Each province and territory also has set requirements for subleasing, so check the relevant legislation.

For example, Ontario’s Residential Tenancy Act (RTA) only considers it a sublease arrangement when the sublandlord vacates the rental property. Say you have a friend renting the basement of your rental house. They may be considered a roommate or occupant under the RTA, not a subtenant.

Though verbal agreements are legally binding, they are hard to prove. Having an agreement in writing is best for both the sublandlord and subtenant to have a legally binding contract in place. 

Yes, though it is legal to sublease, you’ll likely need written consent from your landlord to do so. You may be violating your lease agreement and provincial tenancy laws if you don’t receive consent.

Each province and territory has regulations on how a landlord can approach a sublease request. For example, the Alberta government requires a landlord’s consent. However, landlords can only refuse with reasonable cause and must give their response within 14 days of receiving the request.

A landlord can reject a sublease request when a subtenant can’t pass an application screening due to bad credit or if there is a capacity limit for the property. If a landlord gives no reasonable cause, tenants can look to their provincial regulations or tenancy boards on how to report or appeal the decision.

How does a Sublease Agreement work?

As a sublandlord, you take on the responsibilities of a landlord but are still liable for your original lease agreement. This is because your subtenant has no contractual relationship with your landlord. Your responsibilities may include:

  • Reporting maintenance problems
  • Paying rent to the landlord

A subtenant is responsible to the sublandlord, and the sublandlord is accountable to the original landlord. However, as the sublandlord, you are accountable if the subtenant breaches the original agreement. 

A Sublease Agreement can’t go beyond the original agreement’s end date. If the subtenant is to stay in the property, they must negotiate with the landlord for a new lease agreement.

How to write a Residential Sublease Agreement

Writing a Sublease Agreement is easy with LawDepot’s questionnaire. Once you select the province where the sublease will be used, include the following information:

  • Property type, such as a house, apartment, condo, room, or any other space
  • Sublandlord and subtenant details, including names and contact information
  • Landlord’s details and consent to prove you have permission to sublet
  • Sublease area, meaning if it’s the whole property or a portion of the unit
  • Sublease terms, including the type of agreement (e.g., fixed end date, month-to-month, etc.) and the start and end dates 
  • Rent details like the amount, due date, and collection type (you can also add utilities, damage deposit, and insurance requirements)
  • Use of the property, including whether pets, smoking, vaping, and  property alterations (e.g., painting) are allowed
  • Required notice for check-in inspections, if applicable
  • Signing date

When you sublease, you must provide the original lease agreement as it contains all the obligations the subtenant must follow along with the clauses in a Sublease Agreement.

Sublease Agreement versus Assignment

A Sublease Agreement allows you to keep your lease agreement while someone else rents a portion of the space, or the whole property, from you. This can help if you need financial assistance or have temporarily or permanently relocated.

A Lease Assignment Agreement means you’re signing over the original lease agreement to a new tenant, ultimately giving up the rental property and obligations. The new tenant takes on all the rights and responsibilities of the original agreement, and you lose your rights and obligations. A tenant may consider a lease assignment if they need to relocate permanently.

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