Sublease Agreement Template
Subletting. You’ve probably heard the term a few times before, but it’s one of those words that doesn’t offer a clear definition.
A sublet, sometimes called a sublease, is a contract under which a tenant rents out their apartment to another individual while their name is still on the lease. The original tenant is referred to as the sublessor, and the new tenant is referred to as a sublessee.
This differs from simply renting out a room to a roommate. When subleasing, only the original tenant’s name is on the lease. In a roommate situation, all tenants are named on the lease.
There are many reasons why someone might choose to sublet their apartment. Sometimes a person must move out of their apartment before their lease ends. Or perhaps a renter must move out of town for an extended period of time. Subletting an apartment allows tenants to avoid breaking their lease and save money if they intend to return after a period of time.
Subletting an apartment can be an easy, pain-free experience if you know what you’re doing and take the time to do it right. Unfortunately, this can be hard if you’re in a rush to get out of town. Here’s everything that you need to know about how to sublet an apartment.
1. Make Sure You Are Allowed to Sublet
Check the master lease for a sublet agreement or clause. One of the most confusing things about subletting an apartment is determining whether or not you’re actually allowed to do so. There are varying laws regarding subletting on both a state and municipal level. Not to mention, your landlord may have a clause discussing subletting written into your lease agreement.
That’s why it’s imperative to ensure that you’re legally allowed to sublet. Go over your lease and rental agreement thoroughly and look for anything mentioning subtenants and subleasing. Sometimes landlords don’t want anyone other than their own vetted tenant, you, living in their property. If you don’t see a clause in the lease, be sure to ask for your landlord’s consent.
They may refuse to allow you to sublet, even if state and municipal laws say that you can. If they “unreasonably” refuse to allow you to sublet, you may take them to court. However, if their rejection is reasonable, you are legally not allowed to sublet. If you find that you are allowed to sublet and have your landlord’s permission, be sure to get it in writing.
2. Check-In With Your Renter’s Insurance Company
Renter’s insurance typically covers your belongings in the event of a theft and limits your liability if someone is injured in your home. It may also extend the coverage of your living expenses if, for some reason, you are unable to occupy the home you currently reside in.
Before subletting, check-in with your renter’s insurance provider to determine whether your coverage extends to subtenants. If it doesn’t and the provider doesn’t have any packages that do, you may have to remove your personal belongings from the home. This will prevent you from having to cover any damage to your property out-of-pocket that comes from a subtenant. Remember, you paid the security deposit when you moved in. Therefore, damages caused by the new tenant is money out of your wallet.
3. Post Your Sublet and Market It
Put on your thinking cap and come up with an eye-catching sublet advertisement. Be sure to include quality photos of the apartment, a list of amenities, and the rent cost. If you have any roommates, be sure to include that here as well. Highlighting the neighborhood and any nearby attractions is also a great way to sell your home. Giving as many details as possible of your apartment is important (start date, end date, monthly rent, dimension of rooms in the apartment, take pictures, note it will still comply with the original lease agreement, etc). This helps you attract more potential subtenants than you would with a vague description and no pictures.
You can ask your landlord for help with this or ask them to send you a copy of the ad they used when you moved in. Take that advertisement and tweak it to suit your needs. You can post your ad on social media.
Be wary of the sites that you post on. To limit the scam emails that you may receive, create a separate email address and don’t put your number online.
4. Interview and Screen Potential Subtenants
Once you have gotten a few offers on your apartment, schedule a sort of “open house.” You’ll be responsible for showing the apartment to potential subtenants. Once you have shown the house, tell subtenants to submit anapplicationthat you have created.
After they do so, you should be free to complete background checks on potential subtenants. You’ll want to ensure that they don’t have a history of evictions, not paying rent, or criminal history. This will help you to avoid headaches in the future.
5. Sign a Sublease Agreement
After finding the perfect subtenant, you can then have them sign a Sublease agreement. It may be a good idea to ask your landlord for some help. They can make suggestions for any clauses to add or omit.
The Pros of Subletting
- Avoid Breaking Lease Early– Whether you’removingaway or going on an extended vacation, subletting can help you avoid breaking your lease which can damage your renter’s history and result in a fine.
- Avoid Losing Money– Paying rent on an apartment that you aren’t living in, isn’t only a waste of time… it’s a waste of money.
- Freedom to Travel– Subletting your apartment allows you to avoid that tied down feeling we get when we call one place home for too long. Let your wanderlust thrive by subletting.
The Cons of Subletting
- Difficult to Find the Right Tenant– The perfect tenant is one in a million, meaning that along the way you’ll likely encounter a number of subtenants with poor renter’s history.
- Potential for a Subtenant to Break Agreement– There’s no guarantee that a subtenant won’t experience the same life changes that caused you to have to leave your apartment. If this happens, you’ll be stuck paying rent for an apartment that you’re not living in or risk breaking the lease.
- You Put Your Reputation on the Line–If your subtenant turns out to be a disaster, your landlord may evict you. This could cause tons of future issues when you look for your next apartment.
Don’t let subletting get you down. If you are in a bind and need to sublet your apartment, take steps to ensure that you are doing it the right way to get the most out of your subletting experience and avoid headaches.
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This sublease (hereinafter referred to as the Sublease) is made this [DATE EFFECTIVE] (hereinafter the “Eﬀective Date”) by and between [SUBTENANT] (jointly and severally if more than one, the “Subtenant”), [TENANT] (jointly and severally if more than one, the “Tenant”) and [LANDLORD] (the “Landlord”).
Landlord and Tenant entered into a Lease dated [ORIGINAL LEASE DATE] (the “Lease”) for the real property located at [PROPERTY ADDRESS] (the “Premises”), a copy of which is attached to this Sublease as Exhibit “A”. The covenants and conditions stated in the Lease shall bind both the Subtenant and the Tenant, jointly and severally.
The Subtenant agrees to sublet and the Subtenant agrees to take the Premises in accordance with the covenants and conditions under the Lease and agree to keep, perform and fulfill the promises, conditions and agreements together with those terms as follows:
1. The rent is $_______ per month, payable in advance on the day of each month. The rent is payable to at (address) [ADDRESS FOR RENT PAYMENTS].
2. The Sublease agreement will terminate on [SUBLEASE TERMINATION DATE]. There shall be no holding over under the terms of this Sublease agreement under any circumstances.
3. All charges for utilities connected with premises which are to be paid by the Tenant under the Lease shall be paid by the Subtenant for the term of this sublease.
4. Tenant agrees to surrender and deliver to the Subtenant the premises and all furniture and decorations within the premises in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted. The Subtenant will be liable to the Tenant for any damages occurring to the premises or the contents thereof or to the building which are done by the subtenant or his guests. Subtenant agrees to pay to Tenant a deposit of $[DEPOSIT TO TENANT] to cover damages and cleaning. Tenant agrees that if the premises and contents thereof are returned to him/her in the same condition as when surrendered to the Subtenant, reasonable wear and tear thereof excepted, (s)he will refund to the subtenant $[DEPOSIT REFUND] at the end of the term, or within 30 days thereafter. Any reason for retaining a portion of the deposit shall be explained in writing within 30 days to the Subtenant.
5. At the time of taking possession of the premises by the Subtenant, the Subtenant will provide the Tenant with an inventory form within three (3) days of taking possession.
6. This Sublease agreement incorporates and is subject to the Lease between the Landlord and his lessor, a copy of which is attached hereto as Exhibit “A”, and which is hereby referred to and incorporated as if it were set out here at length. The Subtenant agrees to assume all of the obligations and responsibilities of the Tenant under the Lease for the duration of the Sublease agreement.
7. In the event of any legal action concerning this Sublease, the losing party shall pay to the prevailing party reasonable attorney’s fees and court costs to be fixed by the court wherein such judgment shall be entered.
8. Other: ________________________________________________________________________
9. This lease 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 LEASE ARE NOT LEGALLY VALID AND, THEREFORE, ARE NOT BINDING UPON EITHER PARTY).
10. This Sublease is not binding upon either party unless approved by the Landlord and executed below.
This Sublease is effective as of the date first above written.
[TENANT EMAIL] SUBTENANT:
I hereby give my consent to this Sublease and do further accept and acknowledge the terms and conditions under this Sublease by and between Tenant and Subtenant.
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Frequently Asked Questions and Resources
What is a contract?
Contracts are defined as written or spoken agreements which are enforceable by law. They can cover any topic or industry, whether sales, tenancy, employment, or otherwise (source).
What are the different types of contracts?
There are many different types of contracts, as defined by upcounsell, those for fixed prices, employment, lump sums, time and materials, unilateral or bilateral contracts, simple contracts and more. Each has its own specific terms, and can either be oral or written and some are non-negotiable (like adhesion contracts) while others have room to be adjusted or amended.
What makes a contract different from an estimate, quote, bid, or proposal?
Mainly contracts are set and finite and legally binding, whereas estimates, quotes, bids, and proposals are possibilities which can be accepted, rejected, negotiated, or ignored altogether. The key difference is that often a bid or proposal will contain terms and conditions that can be signed by the requestor and turned into a contract (source).
What should I include in my contract?
Every contract is comprised of no less than two core components: clearly outlined terms and signed agreement between two separate parties. For more information, read our 12 clauses you should include in every contract.
How should I write an effective business contract?
Contract creation can be challenging, in most cases getting legal counsel is advised to ensure it will be legally enforceable should you require that. Essentially you need basic terms which should be abided by, and an agreement on what product or service is to be provided, to whom, by whom, and what will be tendered with specific terms (such as deadlines, or how the delivery will be completed). For more tips, read our beginners guide to contract writing.
What is the difference between a contract and an agreement?
An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law, according to Diffen.com.
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