Sublease agreement

Rent your apartment, house or office to someone else for part of your lease while you stay responsible to your landlord. Fill in the terms, send one link to the subtenant and your landlord, and everyone signs.

The agreement a tenant (sublandlord) and a subtenant sign so the subtenant can occupy the premises, or part of them, for part of the original lease term. The sublandlord stays liable to the master landlord, whose written consent is included at the end.

Sign in to use this template · Set the few terms only you can, reword anything, and send it to be filled in and signed. The people you send to never need an account.

What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Sublease Agreement

This Sublease Agreement (the "Sublease") is made between [Sublandlord (your name, as on the lease)] ("Sublandlord") and [Subtenant full name] ("Subtenant"), telephone [Subtenant phone]. Sublandlord is the tenant under a lease dated [Master lease date] with [Master landlord name] ("Master Landlord") for the premises at [Premises address (including unit)] (the "Premises"), which expires on [Master lease end date] (the "Master Lease"). Sublandlord subleases to Subtenant, and Subtenant subleases from Sublandlord, the following part of the Premises: [What is subleased] (the "Subleased Premises"), on the terms below. Sublandlord and Subtenant are each a "Party" and together the "Parties".

1. Term

The term of this Sublease begins on [Sublease start date] and ends on [Sublease end date] (the "Term"), which the Parties confirm is before the Master Lease expires. Subtenant has no right to renew or extend, and any holdover after the Term is a breach of this Sublease and may put Sublandlord in default under the Master Lease; Subtenant shall be liable for all resulting loss and for rent at one hundred fifty percent (150%) of the monthly rent for each month or part of a month of holdover.

2. Rent

Subtenant shall pay Sublandlord rent of [Monthly rent] per month, in advance, on the [Rent due on the] day of each month, by a method Sublandlord designates in writing. Rent for a partial month is prorated. Rent not received within five (5) days after it is due bears a late fee equal to five percent (5%) of the amount due, subject to any limit under the law of the State of [Governing law (state)]. Subtenant shall pay rent to Sublandlord only, and not to Master Landlord, unless Master Landlord directs otherwise in writing after a default by Sublandlord under the Master Lease.

3. Security Deposit

On signing, Subtenant shall pay Sublandlord a security deposit of [Security deposit] (the "Deposit") as security for Subtenant’s performance. Sublandlord may apply the Deposit to unpaid rent, to damage to the Subleased Premises or furnishings beyond ordinary wear and tear, and to any amount Sublandlord becomes liable for under the Master Lease because of Subtenant. Within [Deposit returned within (days after move-out)] days after Subtenant vacates and returns all keys, Sublandlord shall return the balance with an itemized statement of deductions. The Deposit is subject to any cap, holding or return requirement that the law of the State of [Governing law (state)] imposes on residential deposits, and Subtenant may not apply it to the last month’s rent.

4. The Master Lease

Subtenant acknowledges receiving and reading a complete copy of the Master Lease, which is attached and incorporated in this Sublease. This Sublease is subject and subordinate to the Master Lease. Subtenant shall comply with every obligation of the tenant under the Master Lease that relates to the Subleased Premises, other than the obligation to pay rent to Master Landlord, and shall not do or permit anything that would be a default under the Master Lease. Where this Sublease and the Master Lease conflict, the stricter provision governs Subtenant’s conduct.

Sublandlord remains liable to Master Landlord under the Master Lease and shall pay the rent due under it on time. Sublandlord shall not amend the Master Lease in any way that adversely affects Subtenant, or voluntarily surrender it, during the Term. If the Master Lease terminates for any reason, this Sublease terminates on the same date; Sublandlord shall give Subtenant a copy of any default or termination notice from Master Landlord within two (2) days after receiving it. If the Master Lease terminates because of Subtenant’s conduct, Subtenant is liable to Sublandlord for all resulting loss; if it terminates because of Sublandlord’s default, Sublandlord is liable to Subtenant for Subtenant’s reasonable relocation costs.

5. Use; Condition; Maintenance

Subtenant shall use the Subleased Premises only for: [Permitted use], and only in a manner the Master Lease permits. Subtenant has inspected the Subleased Premises and accepts them in their present condition. Subtenant shall keep them clean and in good condition, shall promptly report any needed repair to Sublandlord, who shall forward it to Master Landlord, and shall pay for any damage caused by Subtenant or Subtenant’s guests. Sublandlord’s only repair obligation is to pursue Master Landlord’s performance of Master Landlord’s repair obligations. Subtenant shall not alter the Subleased Premises, change locks, or keep pets except as the Master Lease permits and Sublandlord agrees in writing.

6. Utilities and Furnishings

Utilities: [Utilities]. Detail: [Utilities detail (or "None")]. Where Subtenant reimburses Sublandlord, Subtenant shall pay within seven (7) days after Sublandlord delivers a copy of the bill. Furnishings: [Furnishings]. Subtenant shall return any furnishings in the condition received, ordinary wear excepted, and is responsible for loss or damage to them. Any inventory attached to this Sublease is part of it.

7. No Further Transfer

Subtenant shall not assign this Sublease, further sublet, or permit any other person to occupy the Subleased Premises, or list them on any short-term rental platform, without the prior written consent of both Sublandlord and Master Landlord. Any attempted transfer without consent is void and a default.

8. Default

If Subtenant fails to pay rent within five (5) days after it is due, fails to perform any other obligation within ten (10) days after written notice, or does anything that causes a default notice under the Master Lease, Sublandlord may serve any notice required by the law of the State of [Governing law (state)], terminate this Sublease, recover possession by lawful process, and recover unpaid rent, damages, and any amount Sublandlord must pay Master Landlord because of Subtenant, together with costs and, where the law allows, reasonable attorney fees. Sublandlord shall not use self-help to remove Subtenant.

9. Indemnity; Insurance

Subtenant shall indemnify and hold Sublandlord harmless from all claims, losses and expenses, including reasonable attorney fees, arising from Subtenant’s use of the Subleased Premises or any breach of this Sublease or the Master Lease by Subtenant. Neither Sublandlord’s nor Master Landlord’s insurance covers Subtenant’s belongings or liability; Subtenant shall carry renter’s or, for commercial premises, liability insurance in the amounts the Master Lease requires of the tenant, naming Sublandlord and Master Landlord as additional insureds where the Master Lease so requires.

10. Surrender

On the last day of the Term Subtenant shall vacate, remove all belongings and trash, leave the Subleased Premises clean and in the condition received except for ordinary wear and tear, return all keys and access devices, and give Sublandlord a forwarding address. Sublandlord may inspect the Subleased Premises with Subtenant before the Term ends to agree any deductions from the Deposit.

11. General

This Sublease is governed by the laws of the State of [Governing law (state)]. It is the entire agreement between Sublandlord and Subtenant about the Subleased Premises and may be amended only in a writing signed by both. If any provision is unenforceable, the rest remains in effect. Notices shall be in writing and delivered by hand, by mail to the Premises or to Sublandlord’s address in the execution record, or by email to the addresses in the execution record, except that any notice to terminate or demand possession shall be served as state law requires. This Sublease may be signed electronically and in counterparts, and the electronic execution record kept by the signing platform is conclusive evidence of execution.

12. Consent of Master Landlord

Master Landlord, by signing below, consents to this Sublease of the Subleased Premises to Subtenant for the Term. This consent does not release Sublandlord from any obligation under the Master Lease, does not amend the Master Lease, does not create a direct lease between Master Landlord and Subtenant, and does not constitute consent to any further assignment or subletting. If Sublandlord defaults under the Master Lease, Master Landlord may require Subtenant to pay rent under this Sublease directly to Master Landlord, to be credited against Sublandlord’s obligations. If the Master Lease does not require Master Landlord’s consent to sublet, this Section is an acknowledgment only. If the Master Lease requires consent and Master Landlord does not sign, this Sublease is not effective and any Deposit paid shall be returned to Subtenant.

Signatures

Sublandlord (original tenant) · Subtenant · Master Landlord (consent)

Sublease Agreement FAQ

Do I need my landlord’s permission to sublet?

Almost always. Most leases prohibit subletting without the landlord’s written consent, and subletting without it is usually a default that lets the landlord evict both of you. This agreement includes a consent section for the landlord to sign, and states that the sublease is not effective until that consent is given if the master lease requires it.

Who is responsible to the landlord if the subtenant does not pay?

You are. A sublease does not change your obligations under the master lease; you remain liable for the rent and for any damage the subtenant causes. That is why this agreement requires the subtenant to pay you, not the landlord, lets you collect a deposit, and gives you the right to end the sublease if the subtenant defaults.

Can I charge the subtenant more than I pay?

Usually yes for a private rental, unless the lease or local rent regulation forbids it; New York City’s rent stabilization rules, for example, limit a sublease surcharge to 10% for a furnished unit. Commercial leases often require the tenant to share any profit with the landlord. Check the master lease before you set the rent.

Can the subtenant fill in their own details?

Yes. Fill in the premises, the term, the rent and the deposit, and leave the subtenant’s name, contact details and the landlord’s name blank if you like. The subtenant fills in theirs when they open the link and signs; the landlord then signs the consent; and you countersign after you have seen the entries.

What happens to the sublease if the master lease is terminated?

The sublease ends with it, because the subtenant’s rights depend entirely on yours. The agreement says so and requires you to tell the subtenant promptly if the landlord serves a default notice. If the master lease ends because of the subtenant’s conduct, the subtenant is liable to you for the resulting loss.

What should the sublease term be?

Anything that ends at least one day before the master lease ends. If the term ran past the master lease it would be an assignment rather than a sublease, and in any case you cannot give more time than you have. The agreement asks for the master lease end date so you can check.

Related templates

This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.

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