Free Sublease Agreement Template. Fill & Sign Online
A sublease is when an existing tenant rents the property, or part of it, to somebody else. The original tenant stays fully liable to the landlord: so if the subtenant stops paying or damages the place, the tenant pays.
Check the head lease before doing anything else. Most leases prohibit subletting without written landlord consent, and subletting anyway is usually grounds for eviction of everybody, subtenant included.
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What a sublease has to cover
- Landlord consent: attach it. Without written consent the sublease may be void and the head tenancy at risk.
- Head lease terms: the subtenant agrees to be bound by them, because the tenant cannot grant more rights than they hold.
- Term: must end at or before the head lease ends. A sublease cannot outlive the lease it comes from.
- Rent: amount, due date and how it is paid. If it exceeds the head rent, check whether local law permits that.
- Deposit: held by whom, and returned on what conditions. Deposit-protection rules may apply here too.
- Condition report: dated photographs at handover, since the tenant remains responsible for damage to the landlord.
- Utilities and shared areas: who pays what, and which parts of the property the subtenant may use.
Mistakes that put both tenancies at risk
- Subletting without written consent. This is the single most common cause of eviction in subletting disputes, and it removes the subtenant too.
- A sublease that runs past the head lease. The tenant is granting something they will not have, and the subtenant has no protection at the end.
- No condition report. The tenant stays liable to the landlord for damage, with nothing to show what the property looked like at handover.
- Assuming the subtenant has no rights. In many jurisdictions a lawful subtenant has statutory protections, notice periods included.
Common questions
Do I need the landlord's permission to sublet?
Almost always. Most leases require written consent, and many say consent will not be unreasonably withheld, which means you must ask, but the landlord must have a real reason to refuse. Subletting without asking risks eviction.
What is the difference between a sublease and an assignment?
A sublease keeps you as the tenant, liable to the landlord, with a new tenant underneath you. An assignment transfers the lease entirely and, with the landlord's agreement, releases you. If you are leaving permanently, an assignment is usually what you actually want.
Can I charge more rent than I pay?
Sometimes, but rent-control and anti-profiteering rules cap or forbid it in many cities, and some leases prohibit it outright. Check both before setting the figure.
This page is general information for small businesses, not legal advice. For your specific situation, talk to a licensed attorney in your state.