A Minnesota sublease agreement is a legal agreement between the existing tenant of a property (or “sublessor”) and someone who wants to rent part or all of that property (the “subtenant”). If you’re a Minnesota renter who wants to earn some extra income by bringing in a roommate—or are looking for someone to take over the rest of your lease because of a deployment or relocation—subletting may be a great option for you.
In a Minnesota sublease, the subtenant is responsible for following the terms and conditions contained in both the sublease and the original lease. However, the original tenant remains responsible for making sure the landlord gets their rent money even if the subtenant fails to pay their share, and any breaches of the original lease agreement also fall to the tenant as well.
Free Template Download
Download this blank and fillable Minnesota 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 Minnesota sublease agreement builder or reading our steps on how to write a Minnesota sublease agreement below.
How to Write a Minnesota Sublease Agreement
To be legally valid and binding, a Minnesota sublease agreement should contain the following information:
- The rental property address and property type — Most often, a house, apartment, condominium, townhouse, or cabin.
- The names of the current tenant(s) and the proposed subtenant(s) — Because the landlord may want to perform a background or credit check on the proposed subtenant/s, a full legal name is required.
- The name of the landlord and a copy of the original lease — The subtenant is legally bound by all terms and provisions of the original lease, so the sublease agreement requires them to sign or initial acknowledgement that they’ve received and reviewed a copy of this lease.
- The address where rent and legal notices should be sent to the original tenant — If the sublet only involves part of the rental property, this address is probably the same as the rental property. If the whole property is being rented out, the correct mailing address is likely the original tenant’s new address, a PO box, or a work address.
- Any additional restrictions on the property that aren’t outlined in the original lease — If you’d like to keep your bedroom private or don’t want to give up your reserved parking spot, the sublease agreement should clearly state this. This protects both the subtenant and the sublessor, and creates a clear understanding of what both parties can expect with the sublease. Also include any other information you deem important, such as the subtenant’s access to certain community facilities (like a pool or sports club), whether pets are restricted or require an extra pet deposit, and whether smoking is banned inside the rental property.
- The start and end dates of the sublease term – In many cases, the sublease will have a fixed start and end date. In others, it may be a week-to-week or month-to-month arrangement that can be terminated, with little notice, on either side. If the agreement is week-to-week or month-to-month, be sure to highlight the end date of the original lease, so the subtenant knows their week-to-week or month-to-month tenancy must end by then.
- The rent amount, due date, and any late fees or penalties – List utility costs if these will be split.
Minnesota 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 Minnesota. Once you’ve filled out a Minnesota 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 Minnesota laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Minnesota Landlord-Tenant Laws: Chapter 504B of the Minnesota Statutes
In Minnesota, a sublessor must:
- Give a subtenant fourteen days (14) written notice to pay rent or leave for at-will agreements, or immediately when there’s no written sublease
- Return the security deposit within twenty-one days (21) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Minnesota Sublease FAQs
Is subletting allowed in Minnesota?
Yes, subletting is legal and permitted as long as the original lease agreement doesn’t prohibit it and the landlord provides written permission to sublet.
Can a tenant sublet without permission?
Under the Minnesota Landlord and Tenant Rights Act, all tenants must obtain written approval from their landlord before they can sublet a rental property. In addition, if the lease explicitly prohibits subletting, this is a final decision that can’t usually be appealed or renegotiated.
How should a tenant seek their landlord’s approval to sublet?
A tenant should mail a letter by certified mail that sets out the above information and asks for written permission to proceed with the sublease. This request for permission must also include an explanation for why you’d like to sublease and, if applicable, written permission or consent from all other tenants listed on the original lease.
What happens if the landlord denies the tenant’s request to sublet?
Although a tenant must seek landlord approval to sublet, this approval can’t be withheld on an unreasonable basis. A few “reasonable” reasons to reject a proposed subtenant are if the subtenant:
- has a prior history of eviction or foreclosure;
- is seeking to rent a property near a school, church, or daycare and is on the sex offender registry
- has no proof of income and cannot show they have the assets to make rent payments.
In most other cases, the landlord must approve the tenant’s request to sublet.