Sublease Agreement
A sublease lets a tenant rent their unit, or a room in it, to someone else while remaining responsible to the landlord. It is common for summer internships, travel nurses and job relocations. Done with the landlord's consent and a clear agreement, it covers the rent while the tenant is away. Done without them, it can be grounds for eviction.
Subletting without asking
Most leases require the landlord's written consent to sublet, and subletting without it can breach the lease. Even with consent, the original tenant usually remains liable to the landlord for rent and damages, so a subtenant who stops paying or damages the unit becomes the tenant's problem.
What the template covers
Landlord consent in writing
Attach the landlord's written consent, or have the landlord sign the sublease.
Term, rent and deposit
Start and end dates, rent paid to whom, and the subtenant's deposit.
The master lease applies
The subtenant agrees to follow the original lease's rules; attach it or its key terms.
All parties sign online
Tenant, subtenant and landlord each sign from their own phone.
Consent rules vary by state
Whether a tenant may sublet depends on the lease and state law. In California, if a lease requires the landlord's consent without stating a standard, consent may not be unreasonably withheld (Civil Code § 1995.260). New York Real Property Law § 226-b gives tenants in buildings with four or more units a right to request to sublet, which the landlord may not unreasonably refuse. The original tenant generally remains liable under the master lease. The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, provides that a signature, contract or record may not be denied legal effect solely because it is in electronic form, and every state except New York has adopted the Uniform Electronic Transactions Act; New York reaches the same result through its Electronic Signatures and Records Act.
A summer sublet that went smoothly
A tenant in New York took a three-month assignment in Denver. She requested consent in writing, the landlord approved, and she signed a sublease online with a vetted subtenant, with the landlord countersigning. Rent arrived on time all summer and the deposit covered a small repair.
What a sublease should include
- Names of the tenant, subtenant and landlord, and the property address.
- Start and end dates of the sublease.
- Rent, how and to whom it is paid, and the deposit.
- A copy or summary of the master lease rules the subtenant must follow.
- The landlord's written consent and everyone's signatures.
Questions people ask about this
Do I need my landlord's permission to sublet?
Usually yes; most leases require written consent, and some state laws regulate when it can be refused.
Am I still responsible if my subtenant doesn't pay?
Generally yes. The original tenant remains liable to the landlord under the master lease.
Is a sublease the same as an assignment?
No. In an assignment the tenant transfers the entire remaining lease; in a sublease the tenant keeps an interest and usually remains liable.
Can a sublease be signed electronically?
Yes, under the ESIGN Act and UETA.
Can I charge my subtenant more than my rent?
It depends on the lease and local law; some rent-regulated units prohibit it. Check before setting the price.
Who returns the subtenant's deposit?
The original tenant, who collected it, under the terms of the sublease.
What if the master lease ends before the sublease?
The sublease cannot outlast the master lease. Set the sublease end date on or before the master lease end date.
Should I inspect the unit with the subtenant?
Yes. Record the condition at move-in and move-out with a signed checklist and photos, just as a landlord would.