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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
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:
IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
_____________________________Witness
_____________________________Sublandlord
_____________________________Subtenant
Consent of Landlord to Sublease Agreement
The undersigned, the landlord in the Master Lease of December 9, 2025, 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____
_____________________________Landlord
Written By
Kyle Adam,
Reviewed By
LawDepot Legal Writers,
|
Fact checked by
Rebecca Koehn,
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:
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.
The parties in a Residential Sublease Agreement are:
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.
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.
To create a Sublease Agreement for a residential rental property, ensure it includes the following information:
In addition, a Sublease Agreement should clarify the following items:
Whether you are the original tenant or the subtenant, you should use a Sublease Agreement for the following reasons:
Depending on the terms of the original lease and the jurisdiction, using a Sublease Agreement could also be legally required.
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.
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.
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SAMPLE
Residential Sublease Agreement
Create Your Residential Sublease Agreement
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