• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Real Estate Documents Lease/Rental Agreement Sublease

Free Sublease Agreement

Use our Sublease Agreement template to sublet to a new tenant.

Updated February 1, 2023 | Legally reviewed by Susan Chai, Esq.

You can use a Sublease Agreement to sublet an apartment, an entire house, or even just a room within a rental property. Think of it as a “lease within a lease.”

Select your state below to find a sublease agreement form customized for the laws in your state.

Sublease Agreement Forms by 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
Table of Contents
  • What is a Sublease?
  • How do you Sublease an Apartment?
  • Sublease Agreement Sample
  • How to Write a Sublease Agreement
  • Sublease Agreement FAQs

Alternative Forms

People who share a rental as roommates may want to enter into a roommate agreement instead of a sublet situation.

What is a Sublease?

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 original tenant remains solely responsible for damages, payment of rent, and any breach of the initial Lease Agreement.

A sublease agreement is also called a:

  • Sublease Contract
  • Sublease Form
  • Sublease Rental Agreement

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 that lives in the same rental property and is typically a signed party of a lease agreement.

Subtenant — A subtenant is an individual that is a signed party of a sublease agreement and who leases the property from a tenant rather than a landlord.

How do you Sublease an Apartment?

If you are curious about the details of 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 specifically what types of 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 important to carefully read your lease agreement before you decide 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.

Subletting as a Subtenant

You’ll become the subtenant if you’re seeking (or have been offered) short-term housing from an original tenant. Your process is a little different, with your biggest concern is finding a legitimate, reliable sublet opportunity you can trust.

Follow these steps for subletting success as a subtenant:

  1. Search for sublet availability on subletting websites like Sublet.com and Airbnb.
  2. Review the original lease to understand the landlord’s expectations.
  3. Negotiate your sublease terms to create a fair agreement.
  4. Photograph and note existing damage in a rental inspection checklist.
  5. 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

Now, review this easy-to-follow summary of how to sublet an apartment:

First, review the original lease to see if you can sublet your apartment. Then,

  1. Notify the landlord of your intent to sublet
  2. Post the sublet online
    • The following websites are popular resources for finding reliable subtenants:

      • Airbnb
      • Craiglist
      • Flip.lease
      • Short Term Housing
      • Sublet
  3. Show the property to potential subtenants
  4. Sign a sublease agreement

Sublease Agreement Sample

Below you can find what a sublease agreement typically looks like:

This Sublease Agreement template has been updated for 2023. 

sublease agreement template

DOWNLOAD PDF
DOWNLOAD MS WORD

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: 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.

  1. Describe the Premises

When creating your sublease agreement, your first step is to describe the property and include the address. It is important to describe exactly what the sub-tenant will rent, for example, a single room or the entire rental unit.

highlighted image of the address of the premises section of a sublease agreement

  1. Name the Tenant and Subtenant

Include the names of the original tenant and new sub-tenant in the sublease agreement.

highlighted image of the tenant and subtenant names section of a sublease agreement

  1. Outline the Term 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 set term.

highlighted image of the term length of a sublease agreement

  1. Explain the Details of the Original Lease

Your new subtenant must be aware of any provisions included 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 are obligated to comply with the original lease is also sufficient.

highlighted image of the obligations of both parties section in a sublease agreement

  1. Determine the Rent Amount

Here, define exactly 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.

highlighted image of the rent amount section of a sublease agreement

Other common 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 FAQs

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. If you obtain the necessary permission from your landlord and abide by the subletting laws of your state and municipal government, 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?

Whether you are a sublessor or a subtenant, always request a written sublease agreement. Verbal contracts do not hold up in court as well as a physical, signed contract. Protect yourself and create a written sublease agreement.

Related Landlords Documents

  • Commercial Lease Agreement: A commercial lease agreement is a formal document between a landlord and a tenant to rent a business property.
  • Rental Application: A rental application is a document landlords use to screen prospective tenants.
  • Commercial Lease Application: A commercial rental application is a document landlords use to screen prospective tenants.
  • Lease Amendment Form: A Lease Amendment is a written document that details changes or modifications to the terms of a previously executed Lease or Rental Agreement.
  • Eviction Notice: A written record that the Landlord properly notified the Tenant of a problem (i.e. lease violation, late rent, the lease ended).
sublease agreement Preview PDF

Free Sublease Agreement Form

Create Your Sublease Agreement in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.”

Esc

Free Sublease Agreement

sublease agreement

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Fill in the details

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review