A sublease agreement in Arizona is a legal contract that allows a tenant (or “sublessor”) to rent out property they currently lease, to a new tenant (or “sublessee”).
A sublease agreement does not override the original lease. The original tenant is still ultimately responsible for any damage that occurs, and to ensure the landlord receives rent on time. If the sublessee breaches the sublease, the original tenant is liable.
To save time and ensure everything is filled out correctly, we recommend using our free Arizona sublease agreement builder or reading our steps on how to write an Arizona sublease agreement below.
How to Write an Arizona Sublease Agreement
- List dates of the sublease — State the beginning and end dates of the sublease, formatted in mm/dd/yyyy.
- Name the current tenant(s) — List all people named in the original lease.
- Name the subtenant(s) — Write the name(s) and current address of whoever will be subleasing the property.
- List terms of the original lease and attach a copy — Write the beginning and end dates of the original lease. Format the dates in mm/dd/yyyy. It’s recommended you attach a copy of the original lease.
- State the address of the subleased property — Write the address of the property, including the city and state.
- Include additional information about the property and sublease conditions — Clarify if there are any specific attributes of the property that the sublessee may use (such as bedrooms, bathrooms, parking spaces, storage space, furnishings, etc.). State any restrictions, such as smoking or pets.
- Calculate the rent — Include both the entire rent for the complete sublease term, and the monthly rental amount that the sublessee must pay. Here, you should also list any utilities or additional fees the sublessee would be responsible for each month. If the sublessee must pay the sublessor a security deposit, it should be recorded here.
- Sign the sublease agreement — Both the sublessor and the sublessee must sign and date the agreement.
Arizona Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive permission from their landlord before subletting in Arizona. Once you’ve filled out an Arizona sublease agreement, you will effectively be responsible for your subtenant.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Arizona laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Arizona Landlord-Tenant Laws: Arizona Residential Landlord and Tenant Act of the Arizona Revised Statutes
In Arizona, a sublessor must:
- Give a subtenant 5 days written notice to pay rent or leave
- Return the security deposit within fourteen days (14) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Arizona Sublease FAQs
Is subletting illegal in Arizona?
No, it is not illegal to sublet in Arizona, however, your ability to sublease is dictated by the lease terms. Check your lease to make sure it isn’t prohibited.
Can a tenant sublet without permission in Arizona?
No, a tenant can’t sublet without permission from their landlord in Arizona. Request in writing that you want to sublet your rental, and send by certified mail for proof of delivery. State your proposed sublease terms including: why you want to sublet, proposed dates of the sublease, the name and address of the proposed sublessee, and consent of any co-tenants.
Your landlord may refuse the sublease request. However, Arizona courts have stated a landlord can’t withhold consent arbitrarily or unreasonably, unless the lease allows them to.
How to end a sublease agreement?
To break a sublease in Arizona, a sublessor would use the same eviction process that a landlord would follow in order to remove a tenant.