A sublease agreement is a contract between the current tenant (sublessor) of an existing lease and a new tenant (a subtenant or sublessee).
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.
Roomate vs Subtenant
- 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 Sublease an Apartment
If you are curious about 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.
Here are the most common steps
- Notify the landlord of your intent to sublet
- Post the sublet online
- The following websites are popular resources for finding reliable subtenants:
- Airbnb
- Craiglist
- Flip.lease
- Short Term Housing
- Sublet
- The following websites are popular resources for finding reliable subtenants:
- Show the property to potential subtenants
- Sign a sublease agreement
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.
Subletting as a Subtenant
You’ll become the subtenant if you seek (or have been offered) short-term housing from an original tenant. Your process is slightly different, with your most significant concern finding a legitimate, reliable sublet opportunity you can trust.
Follow these steps for subletting success as a subtenant:
- Search for sublet availability on subletting websites like Sublet.com and Airbnb.
- Review the original lease to understand the landlord’s expectations.
- Negotiate your sublease terms to create a fair agreement.
- Photograph and note existing damage in a rental inspection checklist.
- Sign the sublease agreement.
What Type of Property Can I 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:
- Apartment
- House
- Room
- Condo
- Townhouse
- Duplex
- Basement
- Mobile home
- Garage
What to Include in 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
