A Tennessee sublease agreement permits a tenant currently signed onto a lease to rent part or all of their rental property to another individual. In a Tennessee sublease agreement, the original tenant is referred to as the sublessor, the new tenant is called the subtenant, and the sublease agreement must be consistent with the outlined terms in the original lease.
The subtenant is responsible for paying rent on time, ensuring utilities are paid, and maintaining the yard (if outlined in the sublease). They must work with the subtenant to safeguard the original lease is followed. However, because the sublessor is still on the original lease, they’re still liable for any damages caused by the subtenant.
How to Write a Tennessee Sublease Agreement
1. Name the Original Tenant and Sublessor
Include the names of the sublessor and subtenant, as well as the names and dates of birth of all individuals occupying the residence.
2. Make Sure All Dates and Contact Information on the Sublease Agreement Are Accurate
List all the contact information for the sublessor and subtenant in the agreement. Ensure details like addresses, phone numbers, and other information are all up to date.
3. Include the Original Lease Terms
Subleases must include all of the terms from the original lease. If you wish, you may list these in a separate section of the Tennessee sublease agreement.
4. Include Any Additional Sublease Terms
Sublessors may want to include additional terms to the sublease. For example, if the landlord allows pets, but the sublessor would prefer to institute a no-pet policy, they can do so.
5. Establish Rent and Late Fees
Your Tennessee sublease agreement should clearly state the cost of monthly rent, when it’s due, if there’s a grace period, and if late fees apply after a specific date.
6. Establish How Utilities Will Be Paid
Will the subtenant be responsible for all utilities, or will you or the original landlord cover some, such as garbage and sewer fees? Make sure your agreement lists who is responsible for which utility.
7. Indicate a Security Deposit
List the amount of the required security deposit and where / how the money will be held before being given back to the subtenant at the end of the sublease agreement.
8. Decide on Maintenance and Repair Responsibilities
Who is responsible for what kind of repairs? Decide ahead of time what’s considered simple enough to be repaired by the tenant and what repairs should be handled by a professional.
9. Decide on Terms Regarding the Use and Condition of the Premises
Your Tennessee sublease agreement should also include provisions on how the property will be used and maintained and what activities are allowed. You may want to decline large parties or institute a no pets policy.
10. Establish How the Subtenant Will Relinquish Possession to the Sublessor
The sublease agreement should also include information about when and how the subtenant will turn the property back over to the sublessor when the lease term is up. This includes how the sublessor will notify the subtenant how much of their security deposit will be returned and how much will go toward repairing damages to the property.
Tennessee Sublease Laws
You should check your original lease agreement to see if you can sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Tennessee. Once you’ve filled out a Tennessee 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 Tennessee laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Tennessee Landlord-Tenant Laws: § 66-28-101
In Tennessee, a sublessor must:
- Give a subtenant fourteen days (14) written notice to pay rent or leave, or seven days (7) if you’ve provided them the duplicate notice within the last six months
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease
Tennessee Sublease FAQs
Is subletting illegal in Tennessee?
Tennessee lets tenants of rental units have the right to sublease the property so long as the original lease doesn’t expressly prohibit subleasing.
Can a tenant sublet without permission?
The lease may also state whether or not the tenant must obtain permission before subleasing. If the original lease contains no clause that forbids subletting nor does it specify that the tenant must ask permission, the tenant can sublease as they see fit without the landlord’s consent.
How can you get out of a Tennessee sublease agreement?
A sublease functions similarly to a traditional lease and is just as legally binding. A subtenant must follow the terms of the sublease agreement regarding how to exit their contract. In cases where subtenants violate the sublease agreement, the sublessor may be able to take legal action against them.
In Tennessee, even if a sublessor had not received written permission from the property landlord, the subtenant would still be legally bound by the terms of the sublease agreement.