Sublease Agreement

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RESIDENTIAL SUBLEASE AGREEMENT

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 September 19, 2026 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following house 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:

  1. Subleased Premises
  2. The Sublandlord agrees to sublease to the Subtenant all of the Premises (the "Subleased Premises"), for use as a residential Subleased Premises only. Neither the Subleased Premises nor any part of the Subleased Premises will be used at any time during the Term of this Sublease Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. Subject to any restrictions or conditions in the Master Lease, the Subtenant may keep pets in the Subleased Premises.

    If this privilege is abused, or if the pets damage the Subleased Premises, or if the pets cause problems or interfere with the use and enjoyment of the Subleased Premises for the other tenants, the Sublandlord may revoke this privilege upon thirty (30) days' notice.
  4. The Subtenant and members of the Subtenant's household will not smoke anywhere in the Subleased Premises nor permit any guests or visitors to smoke in the Subleased Premises.
  5. The Subtenant and members of the Subtenant's household will not vape anywhere in the Subleased Premises nor permit any guests or visitors to vape in the Subleased Premises.
  6. Term
  7. The term (the "Term") of this Sublease Agreement commences at 12:00 noon on September 20, 2026 and ends at 12:00 noon on September 21, 2026.
  8. Rent
  9. The amount of rent and the frequency of payment are the same as under the Master Lease.
  10. The Subtenant will deliver or send the rent to Sublandlord #1 at __________, or at such place as the Sublandlord #1 may later designate.
  11. Utilities
  12. All payments for utilities and other charges connected with the Subleased Premises, which are to be paid by the Sublandlord under the Master Lease, will be paid by the Subtenant for the remainder of the Term.
  13. Maintenance
  14. The Subtenant agrees to surrender and deliver to the Sublandlord the Subleased Premises and all furniture and decorations within the Subleased Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
  15. The Subtenant will be liable to the Sublandlord and the Landlord for any damages occurring to the Subleased Premises or the contents of the Subleased Premises or to the building which are done by the Subtenant or the Subtenant's guests.
  16. Alterations and Improvements
  17. The Subtenant will have the same rights to make such alterations and improvements to the Subleased Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
  18. Taxes
  19. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Subleased Premises and any personal property on or about the Subleased Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  20. Event of Default
  21. The Subtenant will default under this Sublease Agreement if any one or more of the following events (the "Event of Default") occurs:
    1. The Subtenant fails to pay the Rent to the Landlord or any amount of it when due or within any grace period, if any.
    2. The Subtenant fails to perform any of its obligations under this Sublease Agreement or any applicable obligation under the Master Lease.
    3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
    4. The Subtenant abandons the Subleased Premises or any part of the Subleased Premises.
    5. The Subtenant uses the Subleased Premises for any unpermitted or illegal purposes.
    6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublease Agreement pertaining to the Subleased Premises.
    7. The Subleased Premises, or any part of the Subleased Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
    8. Any other event of default provided in the Act.
  22. Remedies
  23. Upon the occurrence of any Event of Default, the Sublandlord has any or all of the following remedies:
    1. Terminate the Sublease Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublease Agreement or the Master Lease, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublandlord may reenter the Subleased Premises or any part of the Subleased Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Subleased Premises.
    4. Any other remedy provided in the Act.
  24. No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublease Agreement or the Master Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord may from time to time exercise any one or more of such remedies independently or in combination.
  25. Upon the expiration, termination or cancellation of the Master Lease or this Sublease Agreement, all obligations of the parties under this Sublease Agreement will be extinguished.
  26. Any improvements remaining on the Subleased Premises upon termination will revert to the Sublandlord and will be free of any encumbrance at the time of such reversion.
  27. Governing Law
  28. It is the intention of the parties to this Sublease Agreement that the tenancy created by this Sublease Agreement and the performance under this Sublease Agreement, and all suits and special proceedings under this Sublease Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Ohio, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  29. Severability
  30. If there is a conflict between any provision of this Sublease and the State of Ohio (the "Act"), the Act will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublease Agreement.
  31. If there is a conflict between any provision of this Sublease Agreement and any form of Sublease Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublease Agreement.
  32. In the event that any of the provisions of this Sublease Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublease Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
  33. Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
  34. The Subtenant will ensure that the Subleased Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Subleased Premises.
  35. Subletting
  36. The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of the Sublandlord and the Landlord.
  37. Notices
  38. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es):
    • Sublandlord: ________________________
      Address: ______________________________________________________________
  39. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es):
    • Subtenant: ________________________
      Address: ______________________________________________________________
  40. All notices to be given under this Sublease Agreement will be in writing and will be served personally or sent by certified or registered mail using United States Postal Service.
  41. Master Lease
  42. This Sublease Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Sublease Agreement, and which is incorporated as if it were set out in this Sublease Agreement.
  43. General Provisions
  44. In the event of any legal action concerning this Sublease Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  45. Subject to the other provisions of this Sublease Agreement, this Sublease Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublease Agreement are not legally valid and, therefore, are not binding upon either party.
  46. The words "Sublandlord" and "Subtenant" as used in this Sublease Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublease Agreement.
  47. The Sublandlord may enter the Subleased Premises upon 24 hours' notice for any of the following reasons:
    1. to inspect the Subleased Premises;
    2. to maintain the Subleased Premises; or
    3. to make repairs that the Sublandlord is obligated to perform.
  48. The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublease Agreement be construed as creating a partnership or joint venture between the parties to this Sublease Agreement.
  49. If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublease Agreement by affixing their signature below.
  50. Each signatory to this Sublease Agreement acknowledges receipt of an executed copy of this Sublease Agreement.
  51. This Sublease Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.



_____________________________
Witness



_____________________________
Sublandlord



_____________________________
Witness



_____________________________
Subtenant

Consent of Landlord to Sublease Agreement

The undersigned, the landlord in the Master Lease of September 19, 2026, hereby consents in writing to the foregoing Sublease Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Lease.

Dated: _____ day of__________________, 20____



_____________________________
Witness



_____________________________
Landlord

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Last Updated July 30, 2026

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What is a Sublease Agreement?

A Sublease Agreement is a contract between an existing tenant and a new occupant, called a subtenant, who rents part or all of the tenant's rental property. It sets out the terms of the sublease, including rent, duration, and responsibilities.

Subleasing lets you recoup some of the rent you'd otherwise lose if you have to leave your rental before your lease ends. The subtenant enters into an agreement with you, not with the landlord.

A Sublease Agreement is also known as a:

  • Sublet agreement
  • Sublease contract
  • Sublet lease agreement
  • Sublease rental agreement
  • Sublet contract

This template covers residential properties like houses, apartments, condos, and rooms. For office, retail, or industrial spaces, use a Commercial Sublease Agreement instead.

Who are the parties to a Sublease Agreement?

A Sublease Agreement involves two main parties:

  • Sublandlord (or sublessor): The original tenant who signed the lease with the landlord and is now renting all or part of the property to someone else.
  • Subtenant (or sublessee): The person renting from the sublandlord for some or all of the remaining lease term.

The landlord owns the property and holds the original lease with the sublandlord, but they're not a party to the Sublease Agreement itself.

The contractual obligations in the sublease only exist between the sublandlord and the subtenant.

How does a sublease work

Subleasing follows a general set of steps. The exact process depends on your original lease and local laws. The general steps to subleasing include:

  1. Check your original lease: Read your Residential Lease Agreement to see whether subleasing is allowed or restricted.
  2. Get the landlord's consent: Most leases require written approval before you can sublet. If you don't have it yet, your Sublease Agreement can include a section for the landlord to sign.
  3. Screen a subtenant: Find someone reliable and confirm they can meet the rent and other obligations.
  4. Draft the Sublease Agreement: Set out the term, rent, utilities, and property use rules.
  5. Sign and share copies: Both parties should sign, and the sublandlord should give the subtenant a copy of the original lease.

The sublease can't extend past the end date of the original lease. The sublandlord also stays responsible to the landlord for rent, damages, and any lease violations the subtenant causes.

If a subtenant wants to continue living in the residence after the original lease ends, they can work with the landlord to sign a new Residential Lease Agreement.

Sublease vs. Lease Assignment

A sublease and a Lease Assignment both involve a new occupant, but they work differently.

Sublease

Lease Assignment

Original tenant's role

Stays on the lease as sublandlord

Transfers the lease to a new tenant

Liability for rent and damages

Original tenant remains liable

New tenant usually takes over liability

Length

Can be for part or all of the remaining term

Covers the rest of the lease

Relationship with landlord

New occupant deals with the sublandlord

New tenant deals directly with the landlord

If your original lease allows it and your landlord consents, a Lease Assignment is likely the better fit when you want to leave the rental for good and stop paying rent. 

If you're leaving temporarily or renting out a spare room, a sublease is usually the right choice — subject to the same conditions.

Subletting vs. subleasing

In the US, "subletting" and "subleasing" mean the same thing. Both terms describe an arrangement where a tenant rents out part or all of their rental property to another person while their original lease is still active.

You may see one term used more often in certain regions or lease documents, but the legal effect is the same. Some states and cities use "sublet" in their statutes, while others use "sublease."

Do I need my landlord's permission to sublease?

In most cases, yes. Many residential leases either prohibit subleasing outright or require the landlord's written consent before a subtenant can move in.

State law also plays a role. For example, in New York, tenants in buildings with four or more units have a statutory right to request a sublease under Real Property Law §226-B. 

Even so, the tenant must still get the landlord's written consent in advance, and the landlord can't unreasonably withhold it. Other states leave the decision to the landlord unless the lease says otherwise.

If your lease doesn't allow subleasing, you have two options:

State laws on subleasing

Subleasing rules vary by state. Some states set specific procedures for requesting a sublease, while others rely on the terms of the original lease. Cities and counties may also have their own rules, especially in areas with rent stabilization or short-term rental restrictions.

Check your state's landlord-tenant laws before signing a sublease.

Always review state laws and subleasing provisions in your original Residential Lease Agreement or consult a lawyer for further guidance.

Why should I use a Sublease Agreement?

A written Sublease Agreement protects both parties by putting the arrangement in clear terms. Using one:

  • Documents rent, term, and responsibilities in one place.
  • Reduces the risk of disputes over payment, damages, or duties.
  • Makes it easier to enforce the terms if a disagreement comes up later.

Depending on your original lease and state, a written agreement may also be legally required.

Risks of subleasing

Subleasing can help both parties, but it carries risks worth knowing about before you sign.

Risks for the sublandlord

You stay on the hook to the landlord for the full term of the original lease. If the subtenant doesn't pay rent, damages the property, or breaks a lease rule, you're still responsible. That means you may have to cover missed rent or repair costs yourself.

Risks for the subtenant

You don't have a direct relationship with the landlord, which limits your options if problems come up. If you pay rent to the sublandlord and they either stop remitting the rent to the landlord or break the original lease, the landlord can end the lease, which also ends your right to stay. You may also have fewer protections than a regular tenant under state law.

A written Sublease Agreement helps reduce these risks by setting clear terms for rent, damages, and responsibilities.

LawDepot's customizable template walks you through each detail to help ensure nothing important gets missed. 

How to write a Sublease Agreement

A clear Sublease Agreement helps prevent disputes over rent, damages, and responsibilities. Here's what to include and how to complete LawDepot’s questionnaire.

1. Identify the parties and property

Start with the basic details, including:

  • Rental address: The full address of the property being subleased.
  • Sublandlord information: The original tenant's full name and address for notices.
  • Subtenant information: The new occupant's full name and address for notices.
  • Landlord information: The name of the landlord on the original lease.
  • Original lease date: The date the original lease was signed.
  • Landlord's consent: Whether the landlord has already given written consent to the sublease.
  • Sublease area: Whether the subtenant will occupy the whole property or a specific portion.

2. Set the sublease term and rent

Decide how long the sublease will last and how rent will be handled:

  • Term type: Fixed end date, fixed number of months, month-to-month, or year-to-year.
  • Start and end dates: Must fall within the original lease term.
  • Rent amount and due date: Often matches the original lease, but you can set different terms.
  • Rent collection: Whether the subtenant pays the sublandlord, the landlord, or someone else.
  • Payment address: Where the subtenant should send rent.

3. Outline responsibilities and rules

Cover the day-to-day expectations for the subtenant, such as:

  • Utilities: Which utilities the subtenant pays and whether they match the original lease.
  • Damage deposit: Whether one is required and how much.
  • Insurance: Whether the subtenant must carry renters' insurance.
  • Pets: Whether pets are allowed, and if landlord or sublandlord approval is needed.
  • Smoking and vaping: Whether either is permitted indoors.
  • Alterations and improvements: Whether the subtenant can modify the property.
  • Check-in inspection: Whether a Rental Inspection Report will document the property's condition at move-in.
  • Environmental disclosures: Any hazard warnings the sublandlord received from the landlord.

Sublease Agreement FAQs

What is a sublease addendum?

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A sublease addendum is a separate document that adds to or changes the terms of an existing Sublease Agreement.

It's useful when you and the subtenant agree on a change, like extending the term or adjusting rent, without rewriting the whole contract. 

Both parties should sign the addendum and keep a copy with the original.

What are a subtenant's rights without a written agreement?

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Without a written agreement, a subtenant may still have some rights under state landlord-tenant law, but those rights can be harder to prove and enforce.

A verbal arrangement might create a month-to-month tenancy in some states, for example.

A written Sublease Agreement is the clearest way to protect both parties.

Who is responsible for rent in a sublease?

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The subtenant pays rent to the sublandlord under the Sublease Agreement, unless you agree that the subtenant will pay the landlord directly. 

Either way, the sublandlord stays responsible to the landlord for the full rent under the original lease.

If the subtenant misses a payment, the sublandlord still owes the landlord.

Can I use a Sublease Agreement if I have a roommate?

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Yes, but you may need your roommate's cooperation depending on your lease setup.

If your landlord rents rooms individually, each tenant usually has their own lease, so you likely don't need your roommate's consent. It's still worth talking to them, since the subtenant will share common spaces.

If you and your roommate are co-tenants on the same lease, you probably need their agreement before subleasing. In that case, a Lease Assignment or Lease Amendment may be simpler than a sublease. You can also add a subletting clause to your Roommate Agreement to outline a process in advance.

Can I transfer a lease with a Sublease Agreement?

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No. A Sublease Agreement doesn't transfer your lease to another person. Your original lease stays in place, and you remain responsible for rent and other tenant responsibilities.

To transfer your lease, you need a Lease Assignment. The new tenant takes over your role in the landlord-tenant relationship. Keep in mind that some leases still hold the original tenant liable for rent or damages even after assignment, and most landlords require written consent to assign.

Can a landlord evict a subtenant?

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Yes. Because the subtenant's right to occupy the property depends on the original lease, a landlord can generally evict a subtenant if the sublandlord breaks the lease or if the original lease ends. The landlord follows the eviction process set out in state law.

Related documents:

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