A sublease agreement is a legal document that permits a tenant to rent out their property to another person, known as a subtenant. This process, referred to as “subletting,” typically requires the tenant to get the landlord’s approval unless the original lease explicitly allows it.
In a sublease, the subtenant is subject to the terms and conditions of the original lease. Additionally, the actual tenant remains solely responsible for damages, rent payment, and any breach of the initial lease agreement.
Properties You Can Sublet
From renting a room in a house to subletting an unused basement, any property currently being leased can be sublet if the landlord allows it. This includes the following:
- Apartments: From studios to multi-bedroom units, often furnished and including basic amenities.
- Houses: Single-family homes or shared houses with more space and potential features like yards or garages.
- Condos: Combination of apartment and house features, often with shared facilities like pools and gyms.
- Student Housing: Geared towards students, often near universities, with flexible lease terms.
- Townhouses: Multi-floor properties with more space than an apartment and less maintenance than a house.
- Co-Living Spaces: Shared living arrangements with private bedrooms and communal spaces.
- Corporate Housing: Furnished apartments or condos for short-term stays, often including amenities like housekeeping.
- Vacation Rentals: Short-term, fully furnished rentals, including apartments, houses, cabins, and cottages.
Sublease Agreement – By State
Select your state below to find a sublease agreement form customized for the laws in your state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Alternative Forms
People who share a rental as roommates may want to enter a roommate agreement instead of a sublet situation.
What Is the Difference Between a Roommate and a Subtenant?
The main difference between a roommate and a subtenant comes down to the type of rental agreement signed:
Roommate — A roommate is another individual who lives in the same rental property and is typically a signed party to a lease agreement.
Subtenant — A subtenant is an individual who is a signed party to a sublease agreement and who leases the property from a tenant rather than a landlord.
How to Sublet a Rental Unit
Step 1 – Review the Original Lease
Locate and thoroughly review your original lease agreement, then check for specific clauses about subletting. Some leases might outright prohibit it, while others might require you to get written consent from your landlord. If the lease allows subletting, follow the necessary steps to get approval.
If your lease mentions requiring landlord approval, send a formal request letter to obtain written permission.
Step 2 – Determine the Monthly Rent
Research the market rent for similar properties in your area. Look at comparable listings on platforms like Zillow, Apartments.com, and Craigslist to understand what other similar properties are renting for.
Adjust your rent based on factors like location, amenities, and condition of your property. For example, if similar townhouses in your area rent for $1,500 per month, set your rent within that range to attract subtenants.
Step 3 – Market the Property
Advertise your sublet through various channels. Use online platforms and social networks to reach potential subtenants.
Popular sites include:
- Facebook Marketplace
- SpareRoom
- Roomster
- StreetEasy (for NYC only)
- Airbnb
- Craiglist
- Flip.lease
- Short Term Housing
- Sublet
Post detailed listings with clear photos and descriptions on these platforms. Highlight proximity to the university, local amenities, and any unique features of the property.
Step 4 – Show the Property
Arrange property viewings for prospective subtenants. Before scheduling viewings, pre-screen interested parties by asking key questions. This saves time and helps ensure you’re meeting serious candidates.
Question to Ask a Potential Subtenant
- What is your ideal move-in date?
- How many people will be living in the unit?
- What lease term are you looking for?
- Are you currently employed?
- Do you have pets?
Step 5 – Screen the Subtenant
Conduct a thorough screening process by using a rental application to gather necessary information like credit history, employment status, and references. Utilize reputable tenant screening services to obtain detailed reports.
There are different levels of screening, from basic credit checks to comprehensive background checks. Choose the service that best fits your needs:
- RentPrep.com – $21 (limited)
- E-Renter.com –$21.95 (basic)
- MySmartMove.com – $39.99 (comprehensive)
- MyRental.com – $24.99 (basic)
Comprehensive Screening
For a comprehensive comprehensively evaluation, cross these off your checklist:
- Income and Employment Verification: Request an employment verification form completed by their current employer.
- Landlord Reference: Contact the sublessee’s most recent landlord to gather information about their character, reliability, and rental payment history.
Step 6 – Prepare and Add Attachments
Attach necessary legal documents to the sublease agreement. Depending on the property’s age, location, and the subtenant’s credit history, include required disclosures and forms.
Common Attachments:
- Lead-Based Paint Disclosure and EPA Pamphlet (for properties built before 1978).
- Move-In Inspection Form (documenting the property’s condition).
- Security Deposit Receipt (specifying where the deposit is held).
- Personal Guarantee (for subtenants with poor credit).
- Copy of the Master Lease (to ensure subtenant awareness of original terms).
Step 7 – Sign the Sublease Agreement
Now that you’ve found a suitable subtenant for your property, you need to finalize the sublease agreement. Both parties should review and sign the agreement, either electronically or with a physical signature. Ensure all terms are clearly understood.
At the time of signing, collect the first month’s rent, security deposit, and any other required fees from the subtenant.
After signing, confirm receipt of the subtenant’s initial payment and provide them with a copy of the signed agreement for their records.
If you are curious how to sublease an apartment or house, we explore the steps for subletting as either a subtenant or an original tenant. But first, you should understand precisely what properties you can sublet.
Subletting as the Original Tenant
If your name is on the lease agreement for your apartment, you’re the current tenant. Your landlord may allow or forbid sublease agreements, so it’s essential to read your lease agreement carefully before deciding to sublease.
Once you sign a sublease agreement, you remain fully responsible for paying rent, handling utilities, and keeping your property in good condition.
The separate sublease agreement between you and the subletter exists independently of the original lease agreement between you and your landlord.
Subleasing Laws by State
| State | Right to Sublease by Default? | Requires Explicit Written Consent? | Can Deny Tenant From Subleasing? | Subleasing Laws |
|---|---|---|---|---|
| Alabama | No, unless specified in the original lease | Generally yes, unless stated otherwise in the original lease | Not specified | None |
| Alaska | No | Yes. Tenant must submit written sublease offer to landlord, who has 14 days to respond or consent is assumed. | Yes with specific and reasonable grounds (listed in § 34.03.060(d)). | Alaska Statutes § 34.03.060 |
| Arizona | No, unless specified in the original lease | Generally yes, unless stated otherwise in the original lease | Yes, unless already explicitly agreed in the original lease (Ariz. Rev. Stat. Ann. § 33-1454.B) | None |
How to Write a Sublease Agreement
Include the following sections when drafting a simple sublease agreement:
- Premises: address and description of the residence that is being leased.
- Tenant: full name and address of the original tenant.
- Subtenant: full name and address of the subtenant who is taking over the lease.
- Term: when the sublease will begin and end.
- Original Lease: details of the original lease, including the date and landlord.
- Rent: the amount of money payable by the subtenant to the tenant each month.
For a more in-depth look, this step-by-step guide will help you create a sublease agreement and start subletting your property.
Step 1 – Describe the Premises
When creating your sublease agreement, your first step is describing the property and including the address. It is essential to define precisely what the sub-tenant will rent, for example, a single room or the entire rental unit.
Step 2 – Name the Tenant and Subtenant
Include the names of the original tenant and new sub-tenant in the sublease agreement.
Step 3 – Outline the Terms of the Sublease
Decide how long you would like to sublet the property to your sub-tenant. This is known as the “term” of the sublease.
A subtenant does not necessarily need to sublet the rental property for the same time as the original tenant’s lease. For instance, the sublease agreement could be month-to-month or for a fixed term.
Step 4 – Explain the Details of the Original Lease
Your new subtenant must know of any provisions in the original lease agreement.
For example, if pets are allowed on the premises or smoking is prohibited in the rental unit, include this information in the document. A general statement explaining that the sublease and sub-tenants must comply with the original lease is also sufficient.
Step 5 – Determine the Rent Amount
Here, define precisely how much money the sub-tenant owes each month. This sub-tenant will pay this amount to the original tenant unless otherwise stated.
If the sub-tenant fails to pay rent or causes damage to the property, the original tenant is liable to the landlord. If the sub-tenant breaks a sublease agreement, the original tenant is solely responsible for remedying the situation.
Other standard provisions found in a sublease contract include:
- Landlord Approval: if the original lease requires, the tenant must get written approval.
- Sublease Security Deposit: how much the subtenant must pay as security against damage.
- Late Fees: how much extra the subtenant must pay if rent is not paid on time.
- Utilities: whether utilities are included or whether the subtenant must pay for utilities.
- Furnishings: whether or not the premises will be furnished.
- Alterations: usually, the subtenant is not allowed to make any alterations to the premises.
- Policies: whether things such as smoking, pets, or subletting are allowed.
Sublease Agreement Sample
Below, you can find what a sublease agreement typically looks like:
Frequently Asked Questions
How much can I charge a subtenant for rent or a security deposit?
Maximum rent and security deposit amounts are limited by the same state laws and regulations as standard leases. Check your state’s Landlord-Tenant laws to be sure the rental costs on your sublease agreement are legally valid.
Is subletting illegal?
In short, no, subletting is not illegal. Suppose you obtain the necessary permission from your landlord and abide by the subletting laws of your state and municipal government.
In that case, it is legal to sublease an apartment, house, room, or any other property that you are currently renting.
Some state and local laws allow you to sublet a property you rent, even if your lease explicitly forbids it.
However, landlords can evict or even sue sublessors and sub-tenants in other states if they don’t receive permission to sublet. Always check the laws in your area.
Do I need a written sublease agreement?
Always request a written sublease agreement if you are a sublessor or a subtenant. Verbal contracts and a physical, signed contract do not hold up in court. Protect yourself and create a written sublease agreement.
