A New Jersey sublease agreement is a legal document that allows a person already renting property to rent out part or all of that property to a new tenant (or “subtenant”).
Sublease agreements are important in New Jersey because real estate is often at a premium. Enterprising renters can take advantage of extra space and reduce expenses by subleasing their apartments to subtenants.
If you’re the original tenant (or “sublessor”), familiarize yourself with New Jersey’s laws and regulations governing sublease agreements. You’ll likely be responsible if the subtenant causes issues in the future (like not paying rent or damaging the rental property).
Learn more about these requirements and download our free blank New Jersey sublease agreement to start. We provide step-by-step instructions on how to write a New Jersey sublease agreement below.
Or to save time and ensure everything is filled out correctly, we recommend using our free New Jersey sublease agreement builder.
New Jersey Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublease the rental property. It’s recommended that a tenant receive written permission from their landlord before subleasing in New Jersey.
Once you’ve entered into a New Jersey sublease agreement with a subtenant, you will be responsible for your subtenant and liable for any of their violations of the original lease agreement.
A sublessor must honor the terms of the sublease agreement (as well as the original lease agreement) and follow all New Jersey laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
New Jersey Landlord-Tenant Laws and Resources
Use the following resources to learn more about laws and rights regarding subleasing.
In New Jersey, a sublessor should:
- Give a subtenant written notice (e.g., fifteen (15) days) to pay late rent or notice to vacate
- Return any type of deposit within a certain number of days (e.g., thirty (30)) of the end of the sublease
- Provide written notice (e.g., thirty (30) days) of your intent to not renew the sublease agreement and/or original lease agreement
How to Write a New Jersey Sublease Agreement
Follow the steps below to write a sublease agreement in New Jersey.
Step 1 – List Property Description and Address
Describe the property including the property type which is generally a house, apartment, or condominium. Then provide the address and an exact description of what the subtenant is renting such as a single room or the entire rental unit.
Step 2 – Write Address to Send Payment and Notices
If the sublessor is renting a room or shared space, this address is likely that of the rental property. However, if the sublessor is renting the entire unit and living elsewhere, their mailing address would be different.
Step 3 – Name the Parties
Write the names and current addresses of the original tenant (sublessor) and the subtenant(s).
Step 4 – Fill in Rent Amount
Provide the amount of rent the subtenant must pay to the original tenant. Generally, if the subtenant fails to pay rent or causes damage to the property, the original tenant is liable to the landlord.
Step 5 – Attach Original Lease Agreement
This helps familiarize the subtenant with the rights and restrictions outlined in the original lease agreement. Subtenants are generally bound to the terms of the original lease agreement depending on the terms of the sublease agreement.
Step 6 – Write Additional Restrictions
This section should set out what the subtenant does and doesn’t have access to (e.g. laundry, kitchen facilities, a private bedroom, or storage spaces).
It should also explicitly state any property restrictions, such as non-smoking regulations, pet deposits or prohibitions, or minimum age limits (often found in senior apartment communities).
Step 7 – Enter Sublease Beginning and End Dates
These dates can be as short or as long as you want, as long as they don’t exceed the end date provided in the original lease agreement. The sublease term does not necessarily need to be the same length as the original lease.
After drafting this sublease agreement, the sublessor should send a copy to the landlord for approval if required under the original lease agreement.
In addition to sending the sublease agreement, you may want to include a letter to the landlord explaining why you want to sublease the property.
New Jersey Sublease Agreement FAQs
What happens if a landlord refuses a subtenant request?
If the original lease agreement doesn’t specifically forbid a tenant from subleasing to a subtenant, then the sublease is allowed. Landlords should respond to a tenant’s sublease inquiry within a reasonable time.
Landlords may be permitted to reject a proposed subtenant for a few non-discriminatory reasons — for example, if the subtenant has a history of eviction or foreclosure, a poor credit score, or no proof of current income.
Depending on where the property is located, a landlord may also refuse a subtenant request if the subtenant is listed on a sex or violent offender registry (e.g., if the property is located near a school, church, or daycare).
If a landlord denies a subtenant request for other reasons (when the lease otherwise permits the tenant to sublease), the tenant may be able to sue the landlord to enforce their right to sublease.
However, such action should not be taken lightly, as it can burn bridges with your landlord. Often, it’s simpler to just find another suitable subtenant candidate.
Is subleasing illegal in New Jersey?
No, subleasing isn’t illegal in New Jersey unless the original lease agreement specifically prohibits the tenant from subleasing the rental property.
Can a tenant sublease a New Jersey rental property without getting the landlord’s permission?
Regardless of whether the New Jersey lease agreement expressly requires the landlord’s permission, a tenant should get permission from their landlord before they sublease the property.
Moreover, if the original lease agreement doesn’t allow subleasing, the landlord can refuse any subtenant request without further explanation.
How can a sublessor evict a subtenant?
Ideally, a sublease agreement will set forth the eviction “triggers” — clarifying when to pay rent, what happens if the subtenant were to pay rent late, and what steps the sublessor can take to enforce the sublease agreement if the subtenant violates any of its provisions.
Generally, the sublessor would go through the same legal eviction process as a landlord when evicting a tenant, including providing notice and allowing the subtenant to respond and pay for damages if a judgment is entered against them.
New Jersey Sublease Agreement Sample
Use the free form below to sublet all or part of your leased rental property to a subtenant.