With a sublease agreement, an original tenant can sublet an entire rental property or a portion of it to a new tenant (sublessee). However, before starting the contract, the sublessor must understand how to draft it and obtain the landlord's permission.
A Wisconsin sublease agreement is a document that binds an existing tenant (sublessor) with the sublessee, allowing the new tenant to occupy a rental unit or only a portion in exchange for periodic payments.
Since subletting relieves the exiting tenant's rental obligation, it's a choice for those who must vacate a rental property before the end date set in the original lease agreement or be away for some time.
What to Include
According to state subletting laws, a Wisconsin sublease agreement must include the following:
- The sublease period, including dates the subletting begins and ends
- A sublease period extension clause, clarifying whether the sublessee can request this option
- Personal data of the existing and new tenants (referred to as sublessor and sublessee)
- Sublease agreement terms
- A copy of the original lease agreement
- The amount the sublessee must pay each month
- The date on which the subtenant must pay the rent
- Security deposits and related information
- Utilities and other financial responsibilities for the sublessee
- Signatures of both parties
- Written permission or signature of the landlord
How to Write One
A sublease agreement must be detailed, comprehensive, and based on the state's laws. Here are the steps to follow when drafting one in Wisconsin:
- Name the sublessor and subtenant (In some cases, it is also necessary to identify the landlord)
- Define the sublease term with the end date
- Clarify each party's financial responsibilities
- List the terms, including rules set in the official lease and rent payment details
- Set the security deposit amount and related terms
- Date and sign the final document
- Attach a copy of the original lease contract
- Attach the written permission from the landlord if applicable
Since this state has not imposed subleasing laws, unless the landlord has added a clause prohibiting the action in the original lease, a tenant could sublet a rental apartment or house.
Although not required, the landlord may request to participate when selecting the sublessee. Therefore, the sublessor or existing tenant should send a notice to ensure that both parties agree with the move and avoid future problems.
Tenants are advised to send the notice to the landlord through certified means to prove delivery and receipt. The property owner or manager has two weeks to respond. After that period, the existing tenant can assume that there was consent for the sublease.
As in other states, a sublessor in Wisconsin must comply with the same responsibilities set forth in the original lease and abide by local laws in terms of eviction proceedings, landlord's permit, payments, and damages caused to the property by other tenants.
Build Your Own
Do you want to create a Wisconsin sublease agreement? If you think drafting one is complicated, you've come to the right place! DoorLoop offers free templates to streamline the subleasing process in two formats:
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.
If the landlord gives permission, an existing tenant can sublet the property to a new tenant or sublessee. This document upholds both parties' responsibilities according to the original lease and allows them to sign to agree on their rights to avoid future misunderstandings.
Is Subletting Legal in Wisconsin?
If the rental agreement does not prohibit subletting, It's legal to sublease properties to a new tenant in Wisconsin. However, those with leases of less than one year must obtain consent from the landlord in a written and signed document.
Do Subtenants Have to Pay a Security Deposit in Wisconsin?
Sublessees in Wisconsin must make a sublessor payment as proof of intent. This money can also be used to pay for property damage.
Does the Original Tenant Still Pay Rent to the Landlord When a Property Is Sublet?
Yes, the existing tenant is responsible for collecting the rent money from the sublessees and paying the landlord.
Can I customize my own form or agreement?
Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.