Residential Sublease Agreement

What is a residential sublease agreement used for?

A residential sublease agreement is a legally binding agreement that permits a tenant under an existing residential lease agreement to further sublease all or part of the rented premises to another third party. This document may become helpful in either of the following situations:

• when a tenant cannot afford paying the full amount of rental payments;
• when a tenant needs to temporarily relocate without breaking the lease;
• when a tenant wishes to get extra income from short-term rentals, etc.

The present sample sublease agreement is suitable for subleasing an apartment, house, condo, vacation home, etc. If you plan to sublease commercial property like office space or a land plot, another document should be used instead.

The parties involved in a residential sublease agreement are the tenant and subtenant. Only individuals are involved in this type of contract. Before entering a residential sublease agreement, a tenant should obtain prior written consent from a landlord. Subleasing property without a landlord’s approval is not allowed.

How to draft a rental sublease agreement template from scratch?

To create a solid sublease agreement template, you have to address in the text of a contract all mandatory elements. Below, we made a summary of all key provisions your sublease agreement must have:

• Details of the Master Lease. Make sure your sublease agreement form includes the date of signing of the original lease, the full name of a landlord, and a statement regarding a landlord’s approval of the sublease. Usually, parties attach a copy of the original lease and a landlord’s consent to this contract.
• Property Description. A good sublease agreement example must define the characteristics of a sublease property, its size, and its detailed description. Do not forget to mention if a subtenant plans to lease all the property or only part of it. Another important element is the inclusion of a lead-based paint disclosure. This only applies to a property that was built before 1978. A tenant is obliged to disclose to future subtenants if there is any lead-based paint in the building.
• Rental Payments. Every sample of sublease rental agreement shall address the amount of regular rental payments. It is not necessary that rental payments should be the same as payments under the master lease.
• Security Deposit. In most of the cases tenants and landlords require paying a security deposit at the beginning of the sublease. A security deposit is used to cover damage made to a property during the sublease period. The amount of a security deposit varies by state. For instance, the state law for a sublease agreement NYC (New York) does not have any maximum cap for the amount of a deposit. While in California, the amount of a deposit cannot exceed the sum of two monthly rental payments.
• Usage of Property. Whether you make a sublease a room rental agreement or for a house, a subtenant should always comply with the rules established in the text of the original lease. For example, if the master lease states that pets are not allowed, the sublease agreement should confirm the same. All in all, provisions of a sublease agreement shall comply with the terms and conditions in a master lease.
• Duration of the Sublease. Last but not least, an important element for a sublease agreement template is its duration. There is one rule to keep in mind—the duration of the sublease cannot exceed the duration of the original lease.

How to customize a sublease rental agreement at FasterDraft?

To get a fully customized legal document, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer questions in a sublease agreement form.
3. Select a template’s format—PDF or Word.
4. Make a payment.
5. Download, sign, and use the ready-made document.