A Pennsylvania sublease agreement is a legal document that a tenant (or “sublessor”) enters into with a third-party (or “sublessee”). This agreement allows the sublessor to rent out the property to the sublessee for some, or all, of the original lease term.
When a sublease agreement is in place, the terms of the original lease contract continue to apply to both the original tenant and the sublessee. This means that even if the sublessee fails to pay the rent, the original tenant still owes the landlord money for rent.
Before signing a sublease in Pennsylvania, learn what’s included in one, and get an idea of the pros and cons of subleasing. To save time and ensure everything is filled out correctly, we recommend using our free Pennsylvania sublease agreement builder before subleasing your house or apartment.
How to Write a Pennsylvania Sublease Agreement
- Check the terms of your lease — The original lease between you and the landlord may require you to get permission before subleasing the property.
- Name the current tenant(s) — List all people named in the original lease, along with their address and email address.
- Name the subtenant(s) — Write the name(s) of whoever will be subleasing the property, their address for notices (if separate from the sublet), and their email address.
- Name the landlord — List the landlord on the original lease, along with an address where they can receive notices.
- List terms of the original lease and attach a copy — Also include the beginning and end dates of the original lease. Format the dates in mm/dd/yyyy. You should also provide a copy of the original lease to make sure the sublessee fully understands its terms.
- List the terms of the sublease agreement — State the start and end dates of the sublease in mm/dd/yyyy format, and the address of the subleased property, including the city and state.
- Include additional information about the property (if applicable) — it’s best to clarify aspects of the property that are available to the subtenant — such as the number of bedrooms, bathrooms, parking spaces, storage units, and furnishings. Also list any restrictions, such as smoking or pets.
- Calculate the rent — State the total amount of rent for the entire sublease term, and the amount of rent the sublessee is responsible for paying each month. Also, list any utilities or additional fees the sublessee must pay. If there’s a security deposit the sublessee must pay the sublessor, note it in the sublease.
- Sign the sublease agreement — Both the sublessor and the sublessee must sign and date the agreement and print their names.
Pennsylvania 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 Pennsylvania. Once you’ve filled out a Pennsylvania 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 Pennsylvania laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
The Pennsylvania Landlord and Tenant Act says very little on the subject of subleasing. The exception is Section 105, which states “Any person who is a sublessee shall be subject to the provisions of the lease between the lessor and the lessee.” Like many states, this means that there’s no specific Pennsylvania law governing the rules and procedures for entering into a sublease agreement.
Pennsylvania Landlord-Tenant Laws: Title 68 of the Pennsylvania Statutes
In Pennsylvania, a sublessor must:
- Give a subtenant ten days (10) 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 if the (sub)lease term is more than one year, or fifteen days (15) notice if the (sub)lease term is one year or less
Pennsylvania Sublease FAQs
Is it legal to sublease in Pennsylvania?
Yes, it’s legal to sublease in Pennsylvania. Although Pennsylvania doesn’t have a law that directly addresses a tenant’s right to sublease, neither does the state have a law that prohibits subleasing.
Do I need permission from the landlord to sublease?
Because the law doesn’t specifically address subleasing in Pennsylvania, the terms of your original lease will govern if you wish to sublease the property. If the original lease requires you to obtain permission, you must do so before entering into a sublease agreement. You should consider getting permission from the landlord even if the original lease is silent on the issue because it’s a decision that does impact them.
How can I get out of a sublease agreement in Pennsylvania?
The rights and obligations of a sublessee are the same as those of an original tenant. Likewise, the terms of the original lease govern both the original tenant and a subtenant.
If you wish to get out of a sublease, you need to refer to the sublease agreement to determine whether you have sufficient legal grounds to get out of the lease and, if so, what procedures you must follow.