A Louisiana sublease agreement allows current tenants to rent out all or part of the property they’re renting to a new tenant (or “subtenant”). If you’re currently renting property in Louisiana, you may not be aware that (unless your lease restricts it) you have this option of renting out (or “subletting”) all or part of your rental.
Subletting is often a win for all parties, providing the landlord with additional legal protections, the original tenant(s) with some extra help on rent payments, and the subtenant(s) with a place to stay (often at a lower cost than a more traditional rental). However, the original tenant is responsible if the subtenant fails to pay rent or damages the property, so it’s important to understand what subletting is before signing your own sublease.
Download our free Louisiana sublease agreement template below, and learn what information you need to fill it out.
Free Template Download
Download this blank and fillable Louisiana sublease agreement form into MS Word (.docx) or Adobe PDF. To save time and ensure everything is filled out correctly, we recommend using our free Louisiana sublease agreement builder or reading our steps on how to write a Louisiana sublease agreement below.
How to Write a Louisiana Sublease Agreement
- Write the full name and address of the tenant and subtenant — The sublease agreement should clearly define who the subtenant is and who the original tenant (or “sublessee”) is.
- Enter the street address of the property to be sublet — Also specify whether this property is a house, apartment, condominium, or something else.
- Define the type of sublease — A sublease may be set for a specific period of time (known as a “fixed” sublease). It can also be more open-ended, like a month-to-month or week-to-week sublease.
- If the lease is a fixed lease, list the beginning and end dates of the lease.
- Establish the cost of rent — In addition to the cost, list when the rent is due, where or how the subtenant should pay it (whether to the original tenant at the subleased property, mailed to another address, or paid via an online app), and if a security deposit is required.
- Attach a copy of the original lease and list the landlord’s full name and address — The tenant and subtenant both need to sign and initial the sublease agreement. These signatures confirm that they’ve each reviewed the sublease as well as the original lease.
- Include any other necessary information about the subtenant’s access to the property — If the subtenant won’t have access to the entire space (e.g. the tenant doesn’t want the subtenant using a certain parking space)), this should be specified in the sublease. The sublease agreement should also establish any restrictions or requirements on the property’s use, like quiet hours, smoking bans, or damage deposits for pets.
Louisiana 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 written permission from their landlord before subletting in Louisiana. Once you’ve filled out an Louisiana sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Louisiana laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Louisiana Landlord-Tenant Laws: Landlord and Tenant Law of the Code of Louisiana
In Louisiana, a sublessor must:
- Give a subtenant five days (5) written notice to pay rent or leave
- Return the security deposit within one month (1) of the end of the sublease
- Provide ten days (10) written notice of your intent to not renew the sublease and/or original lease
Louisiana Sublease FAQs
What are the subtenant’s responsibilities under the original lease?
In a Louisiana sublease, both the original tenant and the subtenant remain responsible for complying with all terms and provisions of the original lease.
The landlord may evict the tenant or subtenant for violating the original lease agreement, even if the violated provision is not contained in the sublease agreement. This is why it’s so important for subtenants to receive a copy of the original lease and to familiarize themselves with its terms and restrictions.
Is a sublease agreement legal in Louisiana?
Yes, sublease agreements are legal in Louisiana as long as the original lease agreement doesn’t expressly prohibit subletting. If the original lease states that no subletting is permitted, this decision is generally final unless the landlord provides written permission expressing this rule change. Note that nothing in the sublease agreement can relieve the subtenant of responsibility for complying with all terms of the original lease.
Can a tenant sublet in Louisiana without their landlord’s permission?
No, all tenants hoping to sublet must obtain written permission from their landlord before entering a sublease agreement. The landlord must also sign the sublease agreement, along with the tenant and subtenant.
How can tenants evict a subtenant under a sublease agreement?
Just as a landlord can only evict a tenant for violating a provision of the lease (or certain laws), a tenant can only evict a subtenant under a certain set of conditions. Such conditions include late payment or nonpayment of rent, conducting illegal activities on the property, or another breach of the lease or sublease agreement.
Under Louisiana law, a sublessor must follow the same eviction process that their landlord would have to follow to remove them from the property.