An Ohio sublease agreement is a legal document that allows for a renter ( or “sublessor”) to rent out space, such as an apartment, condo, or house, to another renter (or “sublessee”). A sublease is a separate agreement from the lease signed by the original renter and landlord.
A sublease agreement is legally binding, and includes the terms and conditions under which the secondary renter can live on the property. In most cases, the original lease spells out whether subleases are allowed. If the lease doesn’t specifically address subleasing, a tenant should check with their landlord first to avoid potential legal complications.
To save time and ensure everything is filled out correctly, we recommend using our free Ohio sublease agreement builder or reading our steps on how to write an Ohio sublease agreement below.
How to Write an Ohio Sublease Agreement
- Choose your property type — Indicate the kind of property being subleased, whether it’s a house, apartment, or condo.
- Write tenant(s) names — Indicate the name of the original tenant and any other co-tenants listed in the initial lease agreement. Include their mailing addresses for all relevant parties.
- Put down a payment address — Indicate where rent payments should be sent, whether to the rental property or a different mailing address.
- Write the names of sublessee(s) — List the name(s) and mailing address(es), city of whoever plans to sublease the property.
- Mention minors if applicable — If children under 18 will be living on the property, list their names.
- Write down the landlord’s name — List the name of the landlord from the original lease.
- Copy and attach the original lease — Make a copy of the original lease when completing a new sublease agreement, and attach it to the sublease. This should help clarify payment and other terms of the lease to the sublessee, who is obligated to follow those terms.
- Include the property address — Write down the address (including the apartment or unit number) of the apartment, house, or condo being sublet.
- Add additional information if necessary — Make sure to detail exactly what is being included in the sublet, such as the number of bedrooms and bathrooms, the floor they’re located on, parking spaces, shared spaces, and storage areas, along with any furnishings (yours or the landlord’s).
- Write the term dates — Mark down the beginning and end dates of the sublease.
- Note rent payment information — Spell out all payments which the sublessee is responsible for. Include when rent is due, who should receive rent payments, and any special instructions. Also, itemize and detail utilities and additional fees to make sure the expectations for payment are clear to all parties.
- Include information about deposits and payments — Itemize all payments required when the sublease is signed, including the first month’s rent, last month’s rent, security deposit, pet deposit, etc. Indicate if these amounts will be held in a savings account, or other type of interest-bearing account, and how long after funds are deposited after sent to you, and how long after the sublease expires they will be returned to the sublessee.
- Highlight restrictions — Are there restrictions on property use, such as no pets or no smoking? Detail those restrictions in the sublease.
Ohio 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 Ohio. Once you’ve filled out an Ohio 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 Ohio laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Ohio Landlord-Tenant Laws: Title LIII. Real Property § 5321 of the Ohio Revised Code
In Ohio, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease that’s month to month
Ohio Sublease FAQs
Is subletting illegal in Ohio?
No, subletting isn’t illegal in Ohio. There are no laws in Ohio preventing sublets. In Ohio, there are no rules preventing subletting. That means it’s up to the renter to make sure the landlord approves of any subleasing arrangement.
Can a tenant sublet without permission in Ohio?
There are no laws covering subletting in Ohio, so technically a tenant can sublet without permission. However, it’s a good idea for them to first obtain permission from their landlord before entering into a sublease, because some landlords require written permission or even a rental application before accepting a sublessee to live on their property.
If you’re a tenant looking to sublease your rental in Ohio, mail a certified letter to your landlord requesting permission to sublease the property, and keep a copy for your records. Certified mail is often the only proof that courts will accept to verify a sublease agreement is in place.
The letter should detail the agreement terms and include the following information:
- Start and end dates of the sublet
- Name(s) of the sublessee(s)
- The permanent home address of sublessee
- Your new address during the sublease, if applicable
- Why you are subletting or leaving permanently
- Consent from any co-tenants
- A copy of the sublease agreement
If you don’t hear from your landlord in 30 days, you can assume that they consent to you subletting the property.