A sublease is an agreement between a landlord and one or more tenants. It acts as a way to prematurely vacate the premises or receive a portion of the rent from a roommate without violating the lease. With the landlord's approval, a tenant (also called the sublessor) may sublet the unit for all or some of the remaining rental term.
What is Required
In order for the original tenant to sublet, they must receive written approval from the landlord at least thirty days before the start of the sublet period. The lessor also needs written consent from the subtenant. Some landlords may require the new tenant to officially apply to the apartment. Before subletting, all parties should check the master lease and reach a mutual agreement. Afterwards, the tenant and subtenant should each receive a free copy of the original lease and sublease.
Original Lease
Under this arrangement, the sublessor and subtenant must adhere to the terms of the original lease. Any altered or new lease terms should be clearly stated in the sublease. The tenant's original contract may be updated and replaced to account for changes. Otherwise, it will remain on file as is.
Some terms may not be expressly stated in the sublease but are still required as an extension of the original lease. As an example, the residents should leave the property in good condition. The landlord may hold both tenants liable for damages to the premises. Along with rent, utilities must be paid on time each month to avoid eviction. Each involved party should review the original contract as part of the sublease agreement.
How to Write One
In the section below, we provide a short, step-by-step guide on how to create your sublease agreement.
- Check the original lease to see whether subletting is prohibited.
- If it is not, get consent from the landlord to sublease the unit or a portion of it.
- Identify the various parties involved and include their details in the agreement.
- Write down details about the apartment, such as its address and current condition.
- Make a note of the lease term.
- Determine what the sublessee's responsibilities for utilities will be.
- Indicate what security deposit will be required and the portion that is non-refundable.
- Include a copy of the original lease.
- Sign the agreement.
Sublessors
The original tenant is ultimately responsible for the subtenant's behavior following the signing of a sublease agreement. This means he or she is liable for any damage to the leased unit or unpaid rent. It is in the landlord's best interest for the sublessor and the sublessee to share the responsibility.
Moreover, it is in the initial tenant's best interests to hold any sublessee accountable for all the clauses of the original lease. Here are some of the responsibilities that the sublessor will have:
- Getting consent from the landlord for subletting the apartment or home
- Returning the security deposit within 14 working days
- Following the correct eviction process
Build Your Own
We have given you all the information you need to sublet your rental property, but creating a sublease agreement from scratch can be time-consuming and inconvenient. Fortunately, we have a free form that you can complete:
We would also like to invite you to try out our property management software! With DoorLoop, you can create flawless rental application forms, leases, and sublease agreements quickly and easily, thanks to the autofill feature. Use the software to run a background check on a prospective new tenant and receive payments with ease. Book your free demo today!
eSignature
Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.
With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.
DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.
For more information about DoorLoop, learn more or schedule a free demo.
Final Thoughts
Sublease arrangements can be the answer in many situations. However, it is important to obtain consent from the landlord for the sublease and to ensure that you are not violating any terms of the original lease.
If you need help drawing up a sublet agreement of your own, you can download our free form or use our software to generate rental documents quickly and easily! Try DoorLoop for free to create your sublease contract!
