Residential Sublease Agreement
Alternate Names:
A Residential Sublease Agreement is also known as a:
- Sublease
- Sublease Contract
- Sublet Agreement
- Sublet Contract
What is a Residential Sublease Agreement?
A sublease contract allows the original tenant of a rental property (known as the sublandlord) to rent out a portion or all of the property to another tenant (known as the subtenant) for a certain period of time.
The sublease cannot exceed the length of time that the original tenant agreed to rent the property for, as indicated in the master lease (also known as the original lease).
A sublease often occurs when a tenant needs to relocate temporarily during their lease term, and finds a third party to take over rent payments while they're away.
A sublease does not invalidate the terms of the original lease. The original tenant 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.
Who are the parties in a Residential Sublease Agreement?
The parties in a Residential 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 types of properties can be sublet?
As long as you have permission from the landlord, you can sublet any type of residential property, such as a house, condo, or apartment. However, a tenant can also sublet a portion of the premises to a subtenant, such as a:
- Single room or multiple rooms in an apartment, condo, or house
- Garage or other storage space on a property
- Basement suite
What do I need to include in a Residential Sublease Agreement?
A sublease 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 Residential Rental Inspection Report is required
Why should I use a Residential 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.
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