Sublease Agreement

1. Copy the details of your own lease. The landlord's name, the date of your lease and when it ends, and the address. The sublease cannot run past your lease.
2. Set the sublease terms. Start and end dates, the rent the subtenant pays you, the deposit, utilities, and what furniture or parking comes with it.
3. Record the condition, then sign. Walk through the unit together and list its condition and contents. You and the subtenant sign; if consent is needed, the landlord signs the consent block too.

Usually, yes. Most leases say you may not sublet without the landlord's written consent, and subletting without it can be a breach that lets the landlord end your lease. Read the subletting clause in your lease and get consent in writing before the subtenant moves in - the form has a landlord consent block for that. Some places give tenants a right to ask: in New York, for example, tenants in buildings with four or more units may sublet with the landlord's consent, which cannot be unreasonably withheld. Check your state's and city's law.

Yes. A sublease does not release you from your lease. If the subtenant does not pay you, damages the unit or breaks the building rules, the landlord can still hold you responsible for the rent and the damage. That is why the agreement makes the subtenant follow the original lease, confirms they received a copy of it, and takes a deposit you can use to cover their unpaid rent or damage.

In a sublease, you stay the tenant: the subtenant rents from you, pays rent to you, and you keep paying the landlord. The sublease ends no later than your lease. In an assignment, you hand the rest of your lease over to the new tenant, who then deals with the landlord directly. You may still be liable after an assignment unless the landlord releases you in writing. Use this form for a sublease, for example while you are away for a few months.

When the sublease ends, you will need to show what damage the subtenant caused, both to keep part of their deposit and because your landlord will check the unit against your own move-in record. Write down the condition of each room, any existing marks, the furniture that stays, and how many keys you hand over. Photos dated on move-in day help too.

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