Free Residential Sublease Agreement

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Residential Sublease Agreement

Original/Master Lease

Original/Master Lease

When was the original lease signed?What is an original/master lease?The original lease, also called a master lease or head lease, is the agreement that the sublandlord entered into with the landlord and from which the subtenant's lease will be based.

Will a copy of the original lease be attached to the sublease agreement?Do I need to attach a copy of the original lease?The subtenant is entitled to a copy of the original lease. The sublandlord can include a copy of the original lease with the Sublease Agreement, or they can deliver a copy directly to the subtenant.

Your Residential Sublease Agreement

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THIS SUBLEASE AGREEMENT dated this ________ day of ________________, ________



(the "Sublandlord")


- AND-


(the "Subtenant")


  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 July 21, 2024 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 July 22, 2024 and ends at 12:00 noon on July 23, 2024.
  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 Commonwealth of Virginia, 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 Commonwealth of Virginia (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 ________________, ________.





Consent of Landlord to Sublease Agreement

The undersigned, the landlord in the Master Lease of July 21, 2024, 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____



Last Updated January 11, 2024

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What is a Sublease Agreement?

A Sublease Agreement is a contract that outlines the terms of a sublease between an existing tenant and a subtenant.

Subleasing, also known as subletting, means that the existing tenant re-rents some or all of their rental property to the subtenant for a portion or the remainder of the original lease. If tenants need to relocate permanently or temporarily before their lease is up, subleasing can help them regain some or all of their otherwise lost rent.

It is important to note that during a sublease, the subtenant enters an agreement with the existing tenant, not the landlord or owner of the rental property. In addition, note that subleasing differs from assigning a lease. Assigning a lease means someone takes over a lease from an existing tenant. The existing tenant becomes no longer responsible to the landlord.

A Sublease Agreement is also known as a:

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

Our Sublease Agreement template is for residential properties, such as houses and apartments. If you need to sublease a commercial space, use our Commercial Sublease Agreement.

Who are the parties to a Sublease Agreement?

The parties in a Residential Sublease Agreement are:

  • The sublandlord or sublessor (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 or sublessee, who enters into a lease with the sublandlord to temporarily rent all or part of the property.

Although a landlord owns the residential rental property and is renting to the original tenant, the contractual obligations in a Sublease Agreement only exist between sublandlord and subtenant.

How does a Sublease Agreement work?

First off, to sublease a rental property, a tenant has to check the terms of their Residential Lease Agreement to see if subleases are permitted under their lease terms. States have varying laws regarding subletting which determine whether a landlord has the right to disallow a tenant from subletting.

If a lease prohibits subleasing, the tenant may ask the landlord to consider amending the lease so they can sublease their rental.

Even when subleases are allowed, most tenants must get their landlord’s consent before letting a subtenant move in. If the landlord has not yet given their written approval, the Sublease Agreement can include a section where the landlord can acknowledge that they allow the sublease.

Tenants have to understand that a Sublease Agreement does not invalidate the terms of the original Residential Lease Agreement. In other words, the original tenant retains their obligations to the landlord and is liable for any damage or lease violations that the subtenant may cause. In addition, the sublease cannot exceed the length of time that the original tenant agreed to rent the property for, as indicated in the original lease.

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 original lease to the Sublease Agreement or deliver it directly to the subtenant.

How do I write a Sublease Agreement?

To create a Sublease Agreement for a residential rental property, ensure it includes the following information:

  • The rental property's address
  • The sublandlord’s and subtenant’s names and addresses
  • The landlord’s name
  • The date the original lease was signed

In addition, a Sublease Agreement should clarify the following items:

  • Whether the entire premises or a portion of the premises will be subleased
  • Whether the sublease term will be fixed or renew automatically
  • Whether the subtenant will make payments to the sublandlord or the original landlord
  • Whether the subtenant has all the same rent and utility obligations as the sublandlord does under the original lease
  • Whether a damage deposit is required
  • Whether the subtenant has to get renters' insurance
  • Whether pets, smoking, or vaping are allowed within the property
  • Whether the subtenant can make alterations or improvements to the property
  • Whether the sublandlord will perform a Residential Rental Inspection Report and, if so, how many days the sublandlord has to provide the inspection form to the subtenant

Why should I use a Sublease Agreement?

Whether you are the original tenant or the subtenant, you should use a Sublease Agreement for the following reasons:

  • It outlines the terms of the sublease
  • It ensures that each party understands their obligations
  • It can prevent future misunderstandings over payment details, maintenance duties, and liability for damages

Depending on the terms of the original lease and the jurisdiction, using a Sublease Agreement could also be legally required.

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

Nothing about having a roommate inherently prevents subleasing, but you might need their consent in some scenarios.

If your landlord is leasing out rooms individually, you probably do not need their consent. Even so, it is important to consider your roommate’s comfort level. In the spirit of being considerate, think about having your roommate approve the subtenant moving in. If they feel part of the decision, they may be more open to the sublease arrangement.

If you and your roommate are co-tenants, signed to the same Lease Agreement, you may need their consent. A Lease Assignment or Amendment might be easier in a scenario where there are a bunch of co-tenants, rather than trying to set up a sublease.

You and your roommate can also add a clause to your Roommate Agreement outlining a process for if one or both of you wants to sublet your rooms.

Can I transfer a lease with a Sublease Agreement?

No, a Sublease Agreement cannot transfer a lease to a new tenant.

To transfer a lease and assign your obligations to another person, you need a Lease Assignment. In this case, a new tenant takes your place in the landlord-tenant relationship.

Note that in many lease agreements, you could still be liable for rent or damages even after assigning your lease to someone else. You may need your landlord’s consent to assign your lease to someone else.

In contrast, a sublease is when your original lease continues between you and your landlord but you give another person the right to occupy the rental property. During a sublease, you are still responsible for the rent and condition of the property.

Related documents:

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Residential Sublease Agreement

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