When you decide that you’re going to sublet your apartment, there are a few things you should do first. Along with letting your landlord and renter’s insurance company know about your departure, you should also draw up a sublease agreement.
What is a sublease agreement?
A sublease agreement is a legally binding contract made between a sublessor, a sublessee, and a landlord that allows a new tenant to take over the original tenant’s lease on a home or apartment. It’s important to have a sublease agreement so that the sublessor is not legally responsible for certain aspects of the original lease agreement, like rent payments and utilities.
Since you’re the one subleasing your room, apartment, or home, you’ll want to be the one to draw up the contract, unless your landlord says otherwise. Start with the template below and fill out all the information you can. Then, send it to your landlord to fill in the blanks. Once both of you have completed your part, it’s time for the sublessee to review it and fill out their parts. Everyone should complete and sign it. Make a copy of the completed sublease agreement for yourself and return the original to your landlord.
Use the sublease agreement template below to fill out your own.
Sublease Agreement Template
[Date]
Re: Sublease Agreement
Dear [Sublesse’s Name]:
This is an agreement to sublet rental property (hereinafter known as the “Sublease”) between ______________________________________ (hereinafter known as the “Sublessor”) and ______________________________________ (hereinafter known as the “Sublessee”). The Sublessor agrees to sublet, and the Sublessee agrees to take possession of the property located at ________________________________________ ___________________________________________________________(hereinafter known as the “Premises”) under the following terms and conditions:
I. Term. Tenancy of this Sublease shall begin with the Sublessee taking possession on the ____ day of _______________________, 20____ and ending on the ____ day of _______________________, 20____. Under no circumstances shall there be holdover by the Sublessee. Under no circumstances shall anyone else other than the sublessee live on the Premises.
II. Rent. The rent under this Sublease shall be $____________________ payable on the ______________ of every ☐ Week ☐ Month. The rent shall be paid in the following manner: ____________________________________________________
III. Utilities. The Sublessor agrees to pay for the following utilities: ______________________________________________________________________
All other utilities shall be the responsibility and expense of the Sublessee.
IV. Liability. Sublessee agrees to surrender and deliver to the Sublessor the premises including all furniture and decorations within the premises in the same condition as they were at the beginning of the term with reasonable wear and tear accepted. The Sublessee will be liable to the Sublessor for any damages occurring to the premises, the contents thereof, the living areas, including any common spaces. All actions conducted by any guests of the Sublessee are the responsibility and liability of the Sublessee.
V. Guests. There shall be no other person(s) living on the Premises other than the Sublessee. Guests of the Sublessee are allowed for periods not lasting for more than forty-eight hours unless otherwise approved by the Sublessor.
VI. Security Deposit. The Sublessor shall require a Security Deposit in the amount of $____________________ to be paid at the beginning of the term. Any damage or repairs needed at the end of the term due to the Sublessee shall be credited against the Security Deposit. Any reason for retaining a portion of the Security Deposit shall be explained in writing when returning the funds to the Sublessee. The funds shall be sent to the Sublessee within ____ days after the Sublease has ended with the Sublessee vacating the Premises along with their possessions.
VII. Move-in/Move-out Checklist. At the time of taking possession of the premises by the Sublessor, shall fill out a move-in checklist. At the time of move-out, the sublessee shall fill out a move-out checklist and submit to Sublessor.
| Room | Move-In Condition Details | Move-Out Condition Details |
| Living Room | ||
| Dining Room | ||
| Bedroom 1 | ||
| Bedroom 2 | ||
| Bathroom 1 | ||
| Bathroom 2 | ||
| Kitchen | ||
| Hallway | ||
| Exterior | ||
| Other (specify) |
VIII. Lead-Based Paint. The Premises:
☐ was built before 1978 and the Lead-Based Paint Disclosure form shall be attached to this Sublease.
☐ was not built before 1978.
IX. Master Lease. This Sublease must follow and is subject to the original lease agreement between the Sublessor and Landlord, a copy of which has been attached, and is hereby referred to and incorporated as if it were set out here at length. The Sublessee agrees to assume all of the obligations and responsibilities of the Sublessor under the original lease for the duration of the Sublease.
X. Written Agreement. This Sublease constitutes the sole agreement between the Sublessor and Sublessee with no additions, deletions, or modifications that may be accomplished without the written consent of both parties (ANY ORAL REPRESENTATIONS MADE AT THE TIME OF EXECUTING THIS LEASE ARE NOT LEGALLY VALID AND, THEREFORE, ARE NOT BINDING UPON EITHER PARTY).
XI. Language. The words “Sublessor” and “Sublessee” as used herein include the plural as well as the singular.
XII. Smoking Policy. Smoking on the Premises
☐ is not allowed in the Premises or any common areas.
☐ is allowed in the following areas: ________________________________________________________________.
XII. Original Copies. Each signatory to this Sublease acknowledges receipt of an executed copy thereof.
XIII. Landlord’s Consent. The original lease between the Landlord and Sublessor:
☐ does allow subletting.
☐ does not allow subletting but consent by the Landlord has been given to the Sublessee to take possession of the Premises.
☐ does not allow subletting and consent by the Landlord will be asked when immediately after this Sublease has been authorized. If the Sublessee is denied by the Landlord, this Sublease shall be cancelled with the Security Deposit returned to the Sublessee with no further liabilities by either party.
XV. Governing Law. This Sublease shall be bound to the laws in the State of __________________.
XVI. Additional Terms or Conditions. _____________________________________
____________________________________________________________________.
XVII. Date & Signature. The parties hereby bind themselves to this agreement with their authorization affixed below on the ____ day of _______________________, 20____.
Sublessor’s Signature _______________________ Date __________________
Print _______________________
Co-Sublessor’s Signature _______________________ Date __________________
Print _______________________
Sublessee’s Signature _______________________ Date __________________
Print _______________________
Co-Sublessee’s Signature _______________________ Date __________________
Print _______________________
Landlord’s Consent
I hereby give my consent to subletting of the above-described premises as set out in this sublease agreement.
Co-Sublessee’s Signature _______________________ Date __________________
Print _______________________
ORIGINAL LEASE ATTACHED (ALL INITIAL) _______ _______ _______ _______
Final thoughts
After looking over the sublease agreement template, you may want to change a few parts here and there. Don’t feel confined to this exact sublease agreement template, but instead think of it as a starting point that you can customize to fit your needs.
Ready to sublet your home or apartment and move to a new place? Search thousands of apartments for rent on Zumper and find your new home.
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