Free Sample Sublease Agreement Template

To help you grow your business, we've created a fairly simple yet reliable sublease agreement template in Word and PDF versions so you can use it over and over.

What's in this model?

• Describe the premises

• Name the tenant and the sub-tenant

• Describe the duration of the sublease

What is a sublease agreement?

A sublease agreement is a secondary lease under the main lease. Subletting is the act of renting your own rental to another tenant, whether it's the whole unit or just part of it.

In most cases, subletting is governed by a sublease agreement, just as a regular tenant's occupancy would be governed by a rental agreement.

What is subletting?

In other words, subletting is a form of secondary lease in which a tenant (the sub-tenant) uses the landlord's (the tenant) unit.

It must also comply with the rules and procedures agreed in the rental agreement. The subtenant is responsible for paying rent and fees, as well as maintaining the interior and exterior of the dwelling, unless the sublease agreement states otherwise.

Subletting is a contract by which the tenant gives a third party the right to use his accommodation for a specific period. This person is called a sub-tenant. The tenant is called a sub-landlord. This contract is often concluded by a lessor who wishes to rent his accommodation or part of his accommodation to a sub-tenant. The contract can also be concluded by a lessor who wishes to rent his accommodation to a sub-tenant and keep part of it for himself.

What are the types of sublease agreements?

Under the law, there are two types of sublease agreements: residential sublease agreements and commercial sublease agreements.

Housing subletting is a contract by which the tenant gives a third party the right to use his accommodation for a specified period. Residential subletting is often used as an alternative to renting. It is also used as an alternative to a commercial lease. Residential subletting can also be used as an alternative to seasonal rental.

Commercial subletting is a contract by which the tenant gives a third party the right to use his commercial premises for a specific period. Commercial subletting is often used by small and medium business owners.

Are sublease agreements legal?

You're probably wondering if a sublease agreement is even legal. On the other hand, some of you might wonder why it wouldn't. Whatever your initial thought, it's clear that drafting a sublease agreement seems to fall into a gray area. So is it legal?

For the most part, the answer lies in your lease. If your main rental agreement does not specifically prohibit the use of a sublease agreement, you can usually do so. However, if you are unsure, you can always ask the owner directly.

Why use a sublease agreement?

If you decide to sublet, there is no doubt that you should have a formal sublease agreement. Even if the sublet is between friends or family, a written agreement can save you from long-term abuse. However, whether or not to sublet is an entirely separate consideration that you will need to make after weighing the facts.

Important Terms

How to write a sublease agreement?

You will need to include the following sections when drafting an operating sublease agreement:

• Describe the premises: Your first step when creating your sublease agreement is to describe the property and include the address. It is important to specify exactly what the subtenant will be renting, whether it is a single room or the entire rental unit.

• Name the tenant and sub-tenant: The names of the original tenant and the new subtenant must be included in the sublease agreement.

• Describe the duration of the sublease: Decide how long you want to sublet the property to your subtenant. This is called the "term" of the sublease. A subtenant does not necessarily need to sublet the rental property for the same term as the original tenant's lease. For example, it could be monthly or for a fixed term.

• Explain the details of the initial lease: Your new sub-tenant should be informed of all provisions included in the original lease agreement. For example, whether pets are allowed on the premises or whether smoking is prohibited in the rental unit. A general statement explaining that the sublease and sub-tenants are bound by the original lease is also sufficient.

• Determine the amount of rent: Here you will define exactly how much money the subtenant owes each month. This amount will be paid by the sub-tenant to the original tenant, unless otherwise specified.

 In the event that the sub-tenant fails to pay the rent or causes damage to the property, the original tenant is liable to pay the landlord. If a sublease agreement is breached by the subtenant in any way, the original tenant is solely responsible for remedying the situation.

Other common provisions found in a sublease agreement include:

• Landlord Approval: If required by original lease, tenant must obtain written approval

• Sublease security deposit: how much the subtenant must pay as security against damages

• Late fees: how much extra does the sub-tenant have to pay if the rent is not paid on time?

• Utilities: if utilities are included or if the subtenant has to pay for utilities

• Furnishings: whether the premises will be furnished or not

• Modifications: generally, the sub-tenant is not authorized to make modifications to the premises

• Policies: whether things like smoking, pets, or subletting are allowed