sublease assignment agreement

What is Assignment of Lease and How It Differs from Subletting

The assignment of lease (and rent) is a foggy topic that is often confused with subletting. Let's clear the air once and all right now. Learn the differences between a lease assignment and sublease so you can make the right choice.

What is Assignment of Lease? - The Important Basics

Let's begin by introducing the 3 players in a lease assignment - The landlord, the original tenant (assignor) and the new tenant (assignee). The original tenant has an unexpired lease agreement with the landlord and he wants out. Since the original tenant can't just break the agreement and walk off, what he does is to get a new tenant to swap places... and take over all his rights and obligations for the remainder of the lease period. So if the original tenant signs a 1 year commercial lease and the business goes bust after 8 months, the new tenant will be assigned a 4-month commercial lease (with the same terms and conditions as the original agreement). Now here's the big catch: Even though the original tenant has handed over all his duties and obligations to the new tenant, he is not off the hook... unless the landlord agrees to release him from all liabilities. If the new tenant stirs up trouble, our dear original tenant will find himself in hot soup as well. Of course, whether the original tenant is allowed to pull this assignment trick out of his hat is a whole new matter. Knowing for sure is actually simpler than most people think: First, examine your local landlord tenant laws for any lease assignment rules. Most of the time, landlords are given the right to allow or disallow assignments but once in a while, the local law let tenants have the final say instead. If there's no mention of lease assignments in your law text, then your rental lease agreement shall dictate the terms.

Difference Between Lease Assignment and Subletting

When it comes to subletting vs assignment of lease, there's often a massive mix-up. Sometimes even real estate professional get it wrong by assuming them to be one and same thing. However if you dig deeper, you will find that the differences are not just numerous, but important as well. Let's begin by dragging the landlord into the picture. An assignment of lease launches the new tenant into a direct relationship with the landlord - The landlord collects rent straight from the new tenant and deals with the new tenant directly on all lease issues. So in this case, the original tenant gets to take back seat and doesn't have to manage the new tenant actively. On the other hand, there's no direct relationship between the landlord and new tenant (subtenant) in a sublease. Instead the original tenant plays mother goose and is responsible for collecting rent from the subtenant and making sure that he's following the lease rules. When you compare the two, a sublease is a lot more hands-on for the original tenant. No matter which path you take, you will still want a good new tenant who pays the rent on time and follows the lease rules to the agreement. For the golden rules on screening tenants and running credit checks, Click here for our guide to running tenant credit checks. When you have a lease assignment, the terms and conditions of the lease remains largely unchanged - It's almost like taking the original lease agreement and swapping the tenant's name with another. With a sublease, there's more breathing space - The original tenant can decide how much rent to charge, how long the subtenant is going to stay or even collect security deposit... as long as it stays within the boundaries drawn by the original lease agreement between the landlord and original tenant.

Should You Choose Assignment of Lease or Sublease?

You are the Landlord - A lease assignment is recommended in most cases. You will have more control over your new tenant (instead of leaving matters in the original tenant's hands and hoping that he would do a good job)... plus you still have the original tenant to cover your back in case anything goes wrong. You are the Original Tenant - Now this is a tricky one. If you want to someone to take over the entire lease and property for its remaining duration (e.g. your business goes belly-up and you no longer need the office), then help yourself to a lease assignment. If the landlord's consent is required for assignment (and he doesn't give the nod), you can always try offering him a lease assignment fee as a deal sweetener. However, if you are looking for someone to share the place (and rent)... or perhaps you need someone to cover the rent while you are overseas for a few short months, then a sublease would be ideal. You are the New Tenant - An assignment of lease works better for you most of the time. You won't be at the mercy of the original tenant (for example if he screws up and the landlord terminates the original lease agreement, your sublease might also go up in flames). But if you only want to rent part of the property... or don't want to tie yourself down for the remaining lease duration, then you are better off sticking to a sublease. Now that we have covered the topic of assignment vs sublease, go ahead and take your pick - Click here for an assignment of lease form or Click here for a sublet agreement instead.

Landlord Tenant Law

• 3 Methods of Resolving Landlord Tenant Disputes
• Federal Fair Housing Act - Avoiding Discrimination
• Security Deposit Laws for All U.S. States
• U.S. State Laws on the Return of Security Deposit
• Sublet Laws - Subletting Laws for All U.S States
• Assignment of Lease and How it Differs from Subletting
• Guide to Commercial Landlord Tenant Law
• How to Find a Good Real Estate Lawyer
• What to Look for When Hiring a Real Estate Attorney

Becoming a Landlord

• Buying Rental Property
• Financing Properties
• First Time Landlord
• Property Manager Career
• Managing Tenants
• Tenant Screening
• Tenant Credit Check
• Rent Payment
• Security Deposit
• Property Maintenance

Landlord Tenant Rights

• Types of Tenancy
• Breaking a Lease
• Section 8 Landlord

Accounting & Taxes

• Landlord Insurance
• Landlord Accounting
• Rental Property Tax
• Landlord Resources
• Landlord Software
• Landlord Tenant Forms

Privacy Policy

© 2008- Propertydo.com. All Rights Reserved.

• iPropertyManagement

Residential Sublease Agreement

Last Updated: December 15, 2023 by Jessica Menefee

The Residential Sublease Agreement is a contract whereby a lessee or tenant rents out the leased property or some part of it to another person, the sublessee. This agreement is valid and binding even on the landlord, except when the original lease between the landlord and tenant prohibits or does not allow subletting.

State-Specific Sublease Agreement Templates

What is a residential sublease agreement.

A residential sublease agreement is where a tenant leases their rental unit (or part of their rental unit) to another tenant.

The main reasons for a tenant to want to sublet their unit are:

• Needing to move before the rental agreement terminates – A job relocation or family emergency may cause a tenant to need to leave before the end of the rental agreement.
• Financial necessity – Renters can benefit from extra income if they find themselves in a tough financial situation.
• Companionship – Some renters have extra space and may want the security of a roommate.
• Family/friend necessity – A tenant may need to sublease part of the rental unit to a friend or family member for them to stay long-term and stay compliant with lease policy, HOA rules, or COA restrictions.

Who Signs a Sublease Agreement

Typically, the tenant and subtenant would both sign the sublease agreement. In some states, the landlord is also required to sign the agreement. However, many states don’t specify sublease requirements, and in some states, the agreement could be verbal.

Do Tenants Need Permission to Sublease?

Tenants do need permission to sublease as the original rental agreement is between the tenant and landlord only, not the tenant and any additional tenants they choose to rent to at a later date.

Check the provisions of the original, or “master,” lease—does it allow tenants to sublease? If the master lease is silent on subleases, then most states allow a tenant to sublease.

However, if the tenant doesn’t have the landlord’s permission to sublease, it’s possible that any additional occupants could be forced to leave.

Keep in mind, that not all states require written rental agreements, whether master leases or sublease agreements. However, it’s in everyone’s best interest to put all agreements in writing.

Can a Landlord Reject a Subtenant?

A landlord can prohibit a tenant from subletting if the proposed new tenant is unqualified or if the lease agreement specifically and legally bans subletting.

What’s Included in a Sublease Agreement

Here are some common elements of residential sublease agreement forms:

• Party information – Clarify who is the landlord, the original tenant, and the subtenant, and give contact information for each.
• Master lease agreement terms – Notify the subtenant of the terms and rules of the master lease
• Length of the sublease – Clarify when the lease ends
• Subtenant’s rent procedure – Explain how to pay, who to pay, and when to pay
• Security deposit amount – Covers the tenant if there is any damage to the rental unit
• Improvements to the rental unit – Discuss if the subtenant is allowed to paint or make any changes to the unit
• Utility payment information – Determine if the subtenant is responsible for paying for utilities and what portion they must pay for
• Maintenance and repair duties – Clarifies who is responsible for which aspects of maintenance and repairs for the rental unit
• Rental insurance information – Tenants may require their subtenants to provide renter’s insurance for the subtenant’s things
• Rental property information – The address of the unit the subtenant is renting
• Rental unit inspection checklist – A written list of any existing damage to the rental property
• Landlord entry rights – When the landlord or sublandlord may access the rental unit leased by the subtenant and how much notice is required before entering
• Pet policy – Clarify if the subtenant can have a pet and if so, the pet deposit amount
• Late fees – Discuss the late rent policy and if fees apply
• Parking information – Determine if the subtenant is allowed to park on the property if they have a parking space, the make/model of their car, and if any parking fees apply
• Smoking policy – Clarify whether the subtenant can smoke in the unit or on the premises
• Storage Information – Discuss any additional storage options available on the site or nearby
• Signatures and date – The tenant and subtenant need to sign the lease; some states may also require a landlord’s signature
• Required disclosures – Any disclosures required by state or federal law to be included in the initial lease agreement must also be included in the sublease agreement
• Reasons the lease may be terminated -Let the subtenant know what actions could cause the lease to be terminated, and what they need to do to lawfully terminate the lease

How to Sublease a Rental Property

To complete the sublease process tenants need to:

• Ask Permission from the Landlord
• Complete Subtenant Screening
• Put the Agreement in Writing
• Discuss the Master Lease Agreement

1 . Ask Permission from the Landlord

Typically, the first step is for tenants to get permission from their landlord to sublease, or at least notify the landlord of their intention to sublease.

Some states require tenants to send the landlord a written request to sublease, while others only require tenants to get their landlord’s permission (in writing or verbally) in certain circumstances, and some states don’t require this at all.

2 . Complete Subtenant Screening

Performing the same tenant screening process on the subtenant that all of the other tenants go through protects the landlord, tenant, unit, and community. The subtenant may also be required to complete a rental application form before being approved to sublease.

Landlord involvement depends on the state in which the rental unit is located and the terms of the master lease agreement. The landlord may be allowed (or required) to give final approval to a subtenant and perform the screening process before allowing the subtenant to move in.

3. Put the Agreement in Writing

Although it is not required in all states, putting the sublease agreement in writing covers things like rent amount and due date, sublease termination date, and how to report issues with the rental unit, for starters.

The tenant may want to review the sublease with their landlord to be sure it complies with the master lease agreement and that there’s nothing the tenant has accidentally failed to include.

4 . Discuss the Master Lease Agreement

Discuss the master lease agreement with the subtenant so they understand the rules and regulations for living in the unit as they will also be required to follow them.

Provide them with a signed and printed copy of the sublease and master lease.

Frequently Asked Questions

Other sublease related links.

Room Rental Agreement

Month-to-Month Rental Agreement

Tenant Welcome Letter

• Find a Lawyer
• Ask a Lawyer
• Research the Law
• Law Schools
• Laws & Regs
• Newsletters
• Justia Connect
• Pro Membership
• Basic Membership
• Justia Lawyer Directory
• Platinum Placements
• Gold Placements
• Justia Elevate
• Justia Amplify
• PPC Management
• Google Business Profile
• Social Media
• Justia Onward Blog
• Handling Subleases and Assignments as a Landlord

After you have completed the often long process of screening and moving in a new tenant, sometimes tenants inform you that they wish to end their lease early, typically due to reasons such as a job change or moving in with a significant other. This can be disheartening when you have put in the work to get the vacancy filled, and it may be tempting to minimize the additional work you may have to do to get the unit rented again by agreeing to a tenant’s proposal to sublease or assign their tenancy to a new person of their choosing. While there can be benefits to subleases and assignments, and in some places you cannot outright ban or unreasonably refuse a sublease, there are some pitfalls to be aware of with both options, as well as an alternative that may be preferable. It has also become increasingly popular for tenants to use their units for short-term vacation rentals, a practice which additionally carries a number of downsides for landlords.

When a tenant wants to leave their lease early or temporarily, and proposes to have a substitute tenant of their choosing live in the rental in their place and pay rent to the original tenant, this is called a sublease. For example, your original tenant may be a college student who plans to study abroad for a semester, but wishes to return after that. Another example may be if the original tenant wishes to rent out part of the unit, perhaps just one bedroom, in order to help them cover their expenses. In order to give you more control of these situations should they arise, it is best to have a clause in your lease specifying whether subleases are allowed, and if so, setting forth a requirement for the tenant to obtain your written permission or meet other criteria before subleasing the rental. Be sure to check state and local law regarding subleases, as some jurisdictions do not allow you to unreasonably deny requests to sublease, even if your individual lease does not permit them. It is also wise to require a subtenant to undergo the same screening process as the original tenant with regard to credit history, income, and other factors, but as always you should not make your decisions based on discriminatory factors.

Landlords should thoroughly screen potential subtenants and assignees even if the time left on a lease or periodic rental agreement is short. A bad subtenant or assignee can wreak a lot of havoc in a short amount of time or even refuse to leave once the lease or rental agreement is up.

The primary advantage of allowing a sublease is that you will presumably have an uninterrupted stream of income for the rental unit, which won’t sit vacant while you find a new tenant. Especially if the sublease request has come from a good and trustworthy long term tenant, then it may be worthwhile to grant the request and trust their judgment regarding who the subtenant is, subject to meeting your screening requirements. Your original tenant will also remain responsible for any failure to pay rent during the subtenancy, as well as any damage to the property. The downsides of allowing a sublease include that because the original tenant, rather than you, will be the subtenant’s landlord, it may be difficult to enforce the terms of the lease in the event of any violations. The subtenant may also refuse to leave at the agreed-upon time, potentially making it necessary for you to evict both them and the original tenant.

Assignments

An assignment is similar to a sublease in that it involves someone new taking the place of the original tenant, but the original tenant in these cases does not intend to return. The assignee assumes the legal place of the original tenant in the lease, meaning that they are renting from you rather than the original tenant. This means that the assignee is typically responsible for all of the original tenant’s general obligations under the lease, which allows you to pursue legal action against them in the event of a violation. Further, if the assignee fails to pay rent , you can actually pursue payment from the original tenant. Therefore, an assignment allows you the advantage of an uninterrupted supply of income for the unit without requiring you to do as much work to find a new tenant, and permits you to hold the original tenant responsible if the assignee does not follow through on their obligation to pay rent.

• The original tenant remains liable for the rent (the subtenant is liable to the original tenant)
• The original tenant remains liable for lease violations
• The landlord must evict the original tenant in order to evict the subtenant

Assignment:

• The assignee becomes liable for the rent, and the original tenant is only liable if the assignee does not pay
• The assignee becomes liable for lease violations
• The assignee can be evicted for any reason for which the original tenant could have been evicted

Creating a New Tenancy

While allowing a sublease or assignment may be advisable in some situations, in many cases the best and simplest option is to terminate the original tenant’s lease in writing and begin a new lease with the new tenant. This may still allow you to take advantage of the original tenant’s legwork in identifying a replacement tenant provided that the new tenant meets your requirements, but gives all the parties the added benefit of clarity when it comes to the legal relationship between you and the new tenant, especially if things go awry after they move in.

Short-Term Rentals

Particularly in competitive rental markets and large cities, tenants are turning to short-term rental services like Airbnb to rent out the units they themselves rent, and make a profit by collecting a fee from their guests. Many landlords disfavor this practice due to the increased wear and tear on the rental, people they haven’t screened using their property, and possible liability issues, among other things. Further, a number of cities have begun to highly regulate if not outright prohibit short-term vacation rentals of this nature. If you do not wish to allow tenants to host short-term vacation renters, once you have checked your local laws on the topic, it is best to clearly prohibit this practice in your written lease or rental agreement, and distinguish this type of rental from more standard subleases.

Last reviewed October 2023

Landlord - Tenant Law Center Contents   

• Landlord - Tenant Law Center
• Tenants' Legal Rights & Duties
• Screening Tenants & Legal Compliance for Landlords
• Preparing Leases and Rental Agreements
• Rent Rules & Related Legal Concerns for Landlords
• Security Deposits & Related Legal Requirements for Landlords
• Rental Property Management & Legal Considerations for Landlords
• Preparing Rental Property for a New Tenancy & Related Legal Concerns
• Recordkeeping Practices for Landlords & Legal Implications
• Setting Rules for Co-Tenants and Guests as a Landlord
• Repairing and Maintaining Rental Property as a Landlord
• Protecting Tenant Safety as a Landlord & Legal Obligations
• Addressing Health Hazards as a Landlord & Legal Obligations
• Providing Property Security as a Landlord & Avoiding Legal Liability
• When Landlords Have a Legal Right of Entry to Rental Units
• Ending a Tenancy as a Landlord & Related Legal Considerations
• The Tenant Move-Out Process & Legal Requirements for Landlords
• Handling Abandoned Tenant Property as a Landlord
• Resolving a Dispute With Your Tenant
• The Eviction Legal Process for Landlords
• Working With a Landlord Lawyer
• Landlords' Legal Rights & Duties — FAQs
• Housing Discrimination Law
• Eviction Laws and Forms: 50-State Survey
• Find a Landlord Tenant Lawyer

Related Areas   

• Consumer Protection Law Center
• Civil Rights and Discrimination Legal Center
• Foreclosure Law Center
• Animal and Dog Law Center
• Related Areas
• Bankruptcy Lawyers
• Business Lawyers
• Criminal Lawyers
• Employment Lawyers
• Estate Planning Lawyers
• Family Lawyers
• Personal Injury Lawyers
• Estate Planning
• Personal Injury
• Business Formation
• Business Operations
• Intellectual Property
• International Trade
• Real Estate
• Financial Aid
• Course Outlines
• Law Journals
• US Constitution
• Regulations
• Supreme Court
• Circuit Courts
• District Courts
• Dockets & Filings
• State Constitutions
• State Codes
• State Case Law
• Legal Blogs
• Business Forms
• Product Recalls
• Justia Connect Membership
• Justia Premium Placements
• Justia Elevate (SEO, Websites)
• Justia Amplify (PPC, GBP)
• Testimonials

How does it work?

1. choose this template.

Start by clicking on "Fill out the template"

2. Complete the document

Answer a few questions and your document is created automatically.

3. Save - Print

Your document is ready! You will receive it in Word and PDF formats. You will be able to modify it.

Lease Assignment Agreement

Rating: 4.9 - 137 votes

A Lease Assignment Agreement is a short document that allows for the transfer of interest in a residential or commercial lease from one tenant to another. In other words, a Lease Assignment Agreement is used when the original tenant wants to get out of a lease and has someone lined up to take their place.

Within a Lease Assignment Agreement, there is not that much information included, except the basics: names and identifying information of the parties, assignment start date, name of landlord, etc. The reason these documents are not more robust is because the original lease is incorporated by reference , all the time. What this means is that all of the terms in the original lease are deemed to be included in the Lease Assignment Agreement.

A Lease Assignment Agreement is different than a Sublease Agreement because the entirety of the lease interest is being transferred in an assignment. With a sublease, the original tenant is still liable for everything, and the sublease may be made for less than the entire property interest. A Lease Assignment transfers the whole interest and puts the new tenant in place of the old one.

The one major thing to be aware of with a Lease Assignment Agreement is that in most situations, the lease will require a landlord's explicit consent for an assignment. The parties should, therefore, be sure the landlord agrees to an assignment before filling out this document.

How to use this document

This Lease Assignment Agreement will help set forth all the required facts and obligations for a valid lease assignment . This essentially means one party (called the Assignor ) will be transferring their rights and obligations as a tenant (including paying rent and living in the space) to another party (called the Assignee ).

In this document, basic information is listed , such as old and new tenant names, the landlord's name, the address of the property, the dates of the lease, and the date of the assignment.

Information about whether or not the Assignor will still be liable in case the Assignee doesn't fulfill the required obligations is also included.

Applicable law

Lease Agreements in the United States are generally subject to the laws of the individual state and therefore, so are Lease Assignment Agreements.

The Environmental Protection Agency governs the disclosure of lead-based paint warnings in all rentals in the States. If a lead-based paint disclosure has not been included in the lease, it must be included in the assignment. Distinct from that, however, required disclosures and lease terms will be based on the laws of the state, and sometimes county, where the property is located.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

A guide to help you: Tenants and Subtenants Obligations under a Sublease Agreement

Other names for the document:

Assignment Agreement for Commercial Lease, Assignment of Commercial Lease, Assignment of Lease, Assignment of Residential Lease, Assignment Agreement for Lease

Country: United States

Housing and Real Estate - Other downloadable templates of legal documents

• Security Deposit Return Letter
• Rent Payment Plan Letter
• Residential Lease Agreement
• Sublease Agreement
• Tenant Maintenance Request Letter
• Rent Receipt
• Late Rent Notice
• Notice of Intent to Vacate
• Roommate Agreement
• Quitclaim Deed
• Parking Space Lease Agreement
• Short-Term Lease Agreement
• Tenant Security Deposit Return Request
• Termination of Tenancy Letter
• Change of Rent Notice
• Complaint Letter to Landlord
• Lease Amendment Agreement
• Notice of Lease Violation
• Consent to Sublease
• Eviction Notice
• Other downloadable templates of legal documents

Jump to Section

What is a sublease.

A sublease, by legal definition, is a contract between a tenant and a sub-tenant to rent a residential or commercial space for a defined period. In a sublease, the property owner rents to a tenant who wants to vacate the premises without breaking any lease agreements and still pay rent. The tenant can rent the property to a sub-tenant under a sublease agreement.

Not all property owners permit subleases between tenants and sub-tenants. Speak with real estate lawyers in your state for specific legal advice and guidance.

Here is another article on what a sublease is .

How A Sublease Works

Subleases work by allowing an original tenant to rent a property or piece of land to a renter known as the sub-tenant. The sub-tenant addresses all property issues with the original tenant and not the property owner. Sublease laws vary from state-to-state as well.

Who Is Responsible For A Sublease?

The person who is responsible for a sublease is the tenant. Since the tenant is subleasing the property to a sub-tenant, the tenant will deal with them directly. The property owner or manager will not have any legal dealings with the sub-tenant.

As such, it is critical for tenants to recognize the amount of risk they are taking on when subleasing a property, apartment, or land. Failing to select the right sub-tenant or drafting an inadequate sublease agreement can result in major financial and legal issues. You should also consider the legality of subleases in your city, county, or state before negotiating an agreement with a prospective sub-tenant.

Are Subleases Legal?

Yes, subleases are legal. If your existing lease agreement does not specifically prohibit sublease, then it is generally permitted by law.

However, many laws and lease agreements require that you obtain your property manager’s written approval and consent for you to sublease your property. Specific state laws may also allow you to sublease your space, even if your property manager denies your request.

Other legal issues associated with subleases include:

• Subleasing could be illegal in your location
• Your lease may expressly prohibit the use of a sublease
• The sub-tenant damaging or destroying the leased property
• Property damage can exceed the amount of the original security deposit
• Issues can occur when there are numerous parties involved in the sublease
• Poorly written sublease agreements can cause more harm than good
• Problems most often arise when the sub-lessee stops paying rent

When considering subleasing your rental, make sure you carefully consider all of the facts and circumstances. Working with real estate lawyers to help you gain compliance or negotiate with your landlord. Due to the risk level involved with subleases, it is wise to work with a legal professional throughout the entire course of your relationship with a sub-tenant.

Here is an article on the pros and cons of a sublease .

Sublease Agreements

Sublease agreements are the contracts that govern the relationship between the original tenant and a sub-tenant. There are specific considerations that you should be making when writing and executing sublease agreements, including key terms and specialized clauses.

Key Terms Of A Sublease Agreement

It is crucial to incorporate the key terms of a sublease agreement for it to be legally binding. Every contract is unique. However, there are commonalities among each document of which you should be aware.

These are the key terms of a sublease agreement:

• Location and description of the property
• Name and address of the original tenant
• Name and address of the sub-tenant
• The start and end dates of the sublease
• The terms and conditions of the original lease
• The amount of rent due
• The frequency of rent and payment options
• Acknowledgements of the parties

In addition to key terms, there are also sublease clauses that will further protect your financial and legal rights.

Sublease Clauses

Sublease clauses are used when complicated agreements are involved. There are specific clauses that property owners can use to protect profits, income channels, and property values. These critical sublease clauses will protect your legal and financial interests.

Examples of sublease clauses include:

• Assuming the lease responsibility
• Protecting intellectual property (IP)
• Right of Recapture
• Non-Compete Clauses
• Right to Reject a Subtenants

Unlike residential terms, commercial transactions may require specific legal and industry knowledge to draft an adequate agreement. Subleases can be great sources of income for these types of entities. However, you should always speak with real estate lawyers for information regarding the transaction-specific to your situation.

Image via Pexels by Jason Boyd

Types of Subleases

There are different types of subleases, including a sublet. Leases are not the same as subleases since they shift the legal and financial responsibility to another party.

These are the differences between a sublease vs. lease and a sublease vs. sublet:

Sublease vs. Lease

Leases are a type of rental lease agreement between a landlord and a tenant. They can be residential or commercial leases . In contrast, a sublease occurs between a tenant and a third-party individual who will pay rent and live in the unit for a partial or total remainder of the original rental agreement.

When drafting a lease, ensure you use the right template. For example, a residential lease should use a residential lease agreement template. Property lawyers can help you select the right document to use.

Here is an article about a sublease vs. a lease .

Sublease vs. Sublet

Sublets, also known as relets, allow new renters to assume responsibility for a lease directly with the property owner or manager. Under a sublet, the landlord handles tenancy issues. Use a sublet agreement when writing a contract for a sublet.

A sublease is when the new renter deals directly with the tenant. Under a sublease, the renter acts as the property manager. Use a sublease agreement when writing a contract to legally manage this relationship.

Get Free Bids to Compare

Leverage our network of lawyers, request free bids, and find the right lawyer for the job.

Get Help with a Sublease Agreement

When you need to get help with a sublease agreement, hire real estate lawyers . Their rates are generally reasonable and will avoid all legal mistakes. In addition to negotiation on behalf of your interests when drafting a sublease agreement, they can provide many other vital services.

Real estate lawyers will help you with a sublease agreement in the following ways:

• Review the sublease agreement and supplementation documentation
• Offer legal advice and guidance when it comes to inspection matters
• Avoid critical deadlines and notification dates
• Work with the parties to get the document signed
• Ensure that all elements of the sublease agreement meet federal and state laws
• Explain clients’ legal rights using simple terms

Subleases can involve a significant amount of paperwork, especially for commercial transactions. The negotiation process may also take several weeks or months to finalize. However, real estate lawyers will interpret any legal definition for you while discussing how it applies to your situation.

Other legal issues may arise during the sublease agreement’s signing. While some are easy to resolve, there are others that may require a well-defined legal strategy. Real estate lawyers will advise you about the opportunities and limitations associated with key decisions and reviewing any potential issues that could arise in the future.

Need Help from Real Estate Lawyers?

If you need help with your sublease from real estate lawyers, post your project to ContractsCounsel at no cost. Sign-up today!

Need help with a Sublease?

Meet some of our sublease lawyers.

Antonella C.

I am a business transactional & trademark attorney with 15 years experience in the law firm and in-house settings. I am barred in Pennsylvania and New Jersey. I currently own my own practice serving businesses and entrepreneurs with business transactional and IP law.

Corporate attorney with 14+ years of in-house counsel, people leadership and client management experience. Provides legal expertise and a business-oriented approach to problem solving and building lines of business. Consistently works under pressure, prioritizing and managing workload and simultaneous tasks to meet deadlines in a changing, fast-paced environment.

Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.

Nicholas V.

I am a solo practitioner with offices in Denver, Colorado and Austin, Texas with a focus on general business and real estate contracts.

Experienced business and contract lawyer. Our firm specializes in commercial litigation and dispute resolution.

Amy has served as outside general counsel and litigator to established businesses throughout western Washington since 2010. Her passion and focus is providing the best possible representation for clients in the construction, transportation and hospitality industries.

I am bar certified in the lovely state of Missouri. I received my J.D. from The University of Iowa College of Law (2019) and my B.A. in Political Science from BYU-Idaho (2015).

Find the best lawyer for your project

Going to sublease within a auto shop to do transmission work.

I need a lawyer to review and explain the full extent of what i am signing for the sublease. I believe ingot the idea of it all, but would like it reviewed by a bussiness attorney.

I am an Illinois barred attorney who has over 14 years of experience and specific contract experience. Please contact me as i can assist.

Real Estate lawyers by top cities

• Austin Real Estate Lawyers
• Boston Real Estate Lawyers
• Chicago Real Estate Lawyers
• Dallas Real Estate Lawyers
• Denver Real Estate Lawyers
• Houston Real Estate Lawyers
• Los Angeles Real Estate Lawyers
• New York Real Estate Lawyers
• Phoenix Real Estate Lawyers
• San Diego Real Estate Lawyers
• Tampa Real Estate Lawyers

Sublease lawyers by city

• Austin Sublease Lawyers
• Boston Sublease Lawyers
• Chicago Sublease Lawyers
• Dallas Sublease Lawyers
• Denver Sublease Lawyers
• Houston Sublease Lawyers
• Los Angeles Sublease Lawyers
• New York Sublease Lawyers
• Phoenix Sublease Lawyers
• San Diego Sublease Lawyers
• Tampa Sublease Lawyers

ContractsCounsel User

Apartment Sublease

Location: texas, turnaround: over a week, service: drafting, doc type: sublease, number of bids: 2, bid range: $250 - $495, user feedback:, creat a sublease agreement for condo rental in new york state, location: new york, turnaround: less than a week, number of bids: 6, bid range: $425 - $1,500, related contracts.

• 93a Demand Letter
• Accounting Services Agreement
• Accounts Receivable Purchase Agreement
• Ad Agency Contract
• Adhesion Contract
• Advertising Services Agreement
• Agency Agreement
• Agency Contract

other helpful articles

• How much does it cost to draft a contract?
• Do Contract Lawyers Use Templates?
• How do Contract Lawyers charge?
• Business Contract Lawyers: How Can They Help?
• What to look for when hiring a lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Find lawyers and attorneys by city

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar
• Skip to footer

Legal Templates

Home Real Estate Lease Agreement Sublease

Sublease Agreement Template

Use our Sublease Agreement to sublet to a new tenant.

Updated November 3, 2023 Written by Jana Freer | Reviewed by Susan Chai, Esq.

You can use a Sublease Agreement to sublet an apartment, an entire house, or a room within a rental property. Think of it as a “lease within a lease.”

Select your state below to find a sublease agreement form customized for the laws in your state.

• Connecticut
• District of Columbia
• Massachusetts
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• West Virginia

What is a Sublease?

How to sublease an apartment, how to write a sublease agreement, sublease agreement sample, frequently asked questions, alternative forms.

People who share a rental as roommates may want to enter a roommate agreement instead of a sublet situation.

A sublease agreement is a contract between the current tenant (sublessor) of an existing lease and a new tenant (a subtenant or sublessee).

In a sublease, the subtenant is subject to the terms and conditions of the original lease. Additionally, the actual tenant remains solely responsible for damages, payment of rent, and any breach of the initial Lease Agreement .

A sublease agreement is also called a:

• Sublease Contract
• Sublease Form
• Sublease Rental Agreement

What is the difference between a roommate and a subtenant?

The main difference between a roommate and a subtenant comes down to the type of rental agreement signed:

Roommate — A roommate is another individual that lives in the same rental property and is typically a signed party of a lease agreement.

Subtenant — A subtenant is an individual who is a signed party of a sublease agreement and who leases the property from a tenant rather than a landlord.

If you are curious about how to sublease an apartment or house, we explore the steps for subletting as either a subtenant or an original tenant. But first, you should understand precisely what properties you can sublet.

Subletting as the Original Tenant

If your name is on the lease agreement for your apartment, you’re the current tenant. Your landlord may allow or forbid sublease agreements, so it’s essential to read your lease agreement carefully before deciding to sublease.

Once you sign a sublease agreement, you remain fully responsible for paying rent, handling utilities, and keeping your property in good condition.

The separate sublease agreement between you and the subletter exists independently of the original lease agreement between you and your landlord.

Subletting as a Subtenant

You’ll become the subtenant if you seek (or have been offered) short-term housing from an original tenant. Your process is slightly different, with your most significant concern finding a legitimate, reliable sublet opportunity you can trust.

Follow these steps for subletting success as a subtenant:

• Search for sublet availability on subletting websites like Sublet.com and Airbnb .
• Review the original lease to understand the landlord’s expectations.
• Negotiate your sublease terms to create a fair agreement.
• Photograph and note existing damage in a rental inspection checklis t .
• Sign the sublease agreement.

What type of property can I sublet?

From renting a room in a house to subletting an unused basement, any property currently being leased can be sublet if the landlord allows it. This includes the following:

• Mobile home

Now, review this easy-to-follow summary of how to sublet an apartment:

First, review the original lease to see if you can sublet your apartment. Then,

• Notify the landlord of your intent to sublet
• Short Term Housing
• Show the property to potential subtenants
• Sign a sublease agreement

Include the following sections when drafting a simple sublease agreement :

• Premises : address and description of the residence that is being leased
• Tenant : full name and address of the original tenant
• Subtenant : full name and address of the subtenant who is taking over the lease
• Term : when the sublease will begin and end
• Original Lease : details of the original lease, including the date and landlord
• Rent: the amount of money payable by the subtenant to the tenant each month

For a more in-depth look, this step-by-step guide will help you create a sublease agreement and start subletting your property.

• Describe the Premises

When creating your sublease agreement, your first step is to describe the property and include the address. It is essential to define precisely what the sub-tenant will rent, for example, a single room or the entire rental unit.

• Name the Tenant and Subtenant

Include the names of the original tenant and new sub-tenant in the sublease agreement.

• Outline the Term of the Sublease

Decide how long you would like to sublet the property to your sub-tenant. This is known as the “term” of the sublease.

A subtenant does not necessarily need to sublet the rental property for the same time as the original tenant’s lease. For instance, the sublease agreement could be month-to-month or for a fixed term.

• Explain the Details of the Original Lease

Your new subtenant must know of any provisions in the original lease agreement.

For example, if pets are allowed on the premises, or smoking is prohibited in the rental unit , include this information in the document. A general statement explaining that the sublease and sub-tenants must comply with the original lease is also sufficient.

• Determine the Rent Amount

Here, define precisely how much money the sub-tenant owes each month. This sub-tenant will pay this amount to the original tenant unless otherwise stated.

If the sub-tenant fails to pay rent or causes damage to the property, the original tenant is liable to the landlord. If the sub-tenant breaks a sublease agreement, the original tenant is solely responsible for remedying the situation.

Other standard provisions found in a sublease contract include:

• Landlord Approval : if the original lease requires, the tenant must get written approval
• Sublease Security Deposit : how much the subtenant must pay as security against damage
• Late Fees : how much extra the subtenant must pay if rent is not paid on time
• Utilities : whether utilities are included or whether the subtenant must pay for utilities
• Furnishings : whether or not the premises will be furnished
• Alterations : usually, the subtenant is not allowed to make any alterations to the premises
• Policies : whether things such as smoking, pets, or subletting are allowed

Below you can find what a sublease agreement typically looks like:

How much can I charge a subtenant for rent or a security deposit?

Maximum rent and security deposit amounts are limited by the same state laws and regulations as standard leases. Check your state’s Landlord-Tenant laws to be sure the rental costs on your sublease agreement are legally valid.

Is subletting illegal?

In short, no, subletting is not illegal. Suppose you obtain the necessary permission from your landlord and abide by the subletting laws of your state and municipal government.

In that case, it is legal to sublease an apartment, house, room, or any other property that you are currently renting.

Some state and local laws allow you to sublet a property you rent, even if your lease explicitly forbids it.

However, landlords can evict or even sue sublessors and sub-tenants in other states if they don’t receive permission to sublet. Always check the laws in your area.

Do I need a written sublease agreement?

Always request a written sublease agreement if you are a sublessor or a subtenant. Verbal contracts and a physical, signed contract do not hold up in court. Protect yourself and create a written sublease agreement.

Related Documents

• Commercial Lease Agreement : Used by a landlord and a tenant to rent a business property.
• Rental Application : A document landlords use to screen prospective tenants.
• Commercial Lease Application : A commercial rental application is a document landlords use to screen prospective tenants.
• Lease Amendment : A written document that details changes or modifications to the terms of a previously executed lease or rental agreement.
• Eviction Notice : A written record that the Landlord properly notified the Tenant of a problem (i.e. lease violation, late rent, the lease ended).
• Legal Resources
• Partner With Us
• Terms of Use
• Privacy Policy
• Do Not Sell My Personal Information

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Thank you for downloading!

How would you rate your free template?

Click on a star to rate

• Search Search Please fill out this field.
• Alternative Investments
• Real Estate Investing

Sublease: Definition, How It Works, Laws, and Example

James Chen, CMT is an expert trader, investment adviser, and global market strategist.

What Is a Sublease?

A sublease is the re-renting of property by an existing tenant to a new third party for a portion of the tenant’s existing lease contract. The sublease agreement may also be called a sublet.

Subleasing may or may not be permitted in the terms of the original lease, and may be subject to additional restrictions by jurisdiction. Even if a sublease is permitted, the original tenant is still liable for the obligations stated in the lease agreement, such as the payment of rent each month.

Key Takeaways

• A sublease is the legal transfer of tenancy from an existing tenant to a third party for a specified period.
• The owner of the real estate must typically approve any subletting arrangement offered by the first tenant, subject to local laws and regulations.
• If a tenant decides to sublease, they remain responsible for rent payments and other contractual obligations.

How a Sublease Works

A lease is a contract between a property owner and a tenant that transfers the owner’s rights to the exclusive possession and use of the real estate property to the tenant for an agreed-upon period. The lease states the length of time the contract is to run and the amount of the tenant’s rent. In legal terms, the tenant’s legal right to possess the property is deemed tenancy. Subleasing occurs when the tenant transfers a part of their legal tenancy to a third party as a new tenant.

Subleasing can be established unless the original lease forbids it. However, in most cases, the owner must be notified and must approve any subletting arrangement created by the tenant. Control over the subletting process could be written into the original lease so that the owner has some control over who uses and/or occupies their property.

A tenant who sublets property must understand that subleasing does not release them from their obligations on the original contracted lease. The tenant is responsible for paying rent and for repairs or damage to the property. That means that if a new subtenant does not pay rent for three months, the original tenant that subleased the property is liable to the landlord for the overdue rent amount and any late fees . In turn, the subtenant is liable to the original tenant for the unpaid rent.

Subleasing and State Laws

The laws of many states and local municipalities affect a tenant’s right to sublease. These laws may allow an individual to sublease under certain conditions even if their contract with the landlord forbids it. For example, in New York City, a tenant who lives in a building with four or more units has the right to sublease, as long as the landlord consents—or if they deny the sublet on unreasonable grounds, Any lease provision restricting a tenant’s right to sublease is void as a matter of public policy.

In San Francisco, a tenant can replace a roommate with another, even when prohibited by a written lease, as long as the replacement meets the landlord's application screening standards. For example, a landlord might demand a certain credit score where a tenant is concerned. Subleases can apply to both residential and commercial properties.

When subleasing, it's standard for only the original tenant's name to be on the lease—even if the sublessee pays the landlord directly.

Example of a Sublease

Because a lease is generally for a predefined term, situations can arise that make it difficult or impossible for the original tenant to complete the lease term. For example, if a tenant is renting an apartment in Chicago with a 12-month lease and, during month four, that tenant receives a job offer in Boston, the tenant may decide to sublease the apartment to another tenant for the remaining eight months. The sublease means that the original tenant can accept the job and move and does not have to pay expensive fees to get out of the lease or pay rent on two apartments.

The landlord also benefits because they receive all 12 rent payments and are saved the expense and effort of finding a replacement tenant. The sublease arrangement also means that the original tenant retains an interest in the apartment. Thus, if the original tenant decides to move back to Chicago, they may be able to renew their lease on their old apartment.

Office of the New York State Attorney General. " Residential Tenants’ Rights Guide ," Pages 26-27. Accessed Oct. 7, 2021.

City and County of San Francisco Rent Board. " Topic No. 151: Subletting and Replacement of Roommates ." Accessed Oct. 7, 2021.

• Apartment List. " What is Subletting? Guide to Sublet Apartments ." Accessed Oct. 7, 2021.

• Terms of Service
• Editorial Policy
• Privacy Policy
• Your Privacy Choices

Assignment, Subleasing, And Why It's Important To Negotiate The Right To Do Both

Share this article

In the market for commercial space? Chances are you’re focusing your efforts on sourcing a property that suits your current business requirements.

However, in today’s ever-changing economy/business climate, companies often need to upsize or downsize at short notice.

As a tenant, where does that leave you when locked into a long-term commercial lease?

Keep it flexible

It’s hard to anticipate whether you’ll be faced with breaking a lease before it happens. So, it’s important to keep your contract flexible by negotiating a subleasing and assignment clause into your agreement. This means you’ll be able to transfer all or part of your space to another tenant down the track if the situation calls for it.

What’s the difference between an assignment and a sublease?

Lease assignments and subleases are often viewed in a similar light. This is because both bank on a third party taking over a commercial lease. But, there are some important differences to consider:

Lease assignment

A lease assignment is when an entire property/space, including the existing tenant’s rights and interest in the commercial lease, is transferred over to a new party.

When it comes to leasing assignments, the new tenant takes on the rights and responsibilities of the assigning tenant. That means the original tenant is not liable anymore if the new tenant breaches the lease.

Lease assignment is best undertaken when:

• The whole lease can be disposed of
• The current lease has favourable terms that would be accepted by another tenant

Major hurdles when it comes to lease assignment:

• Requires upfront capital incentive
• Requires landlord consent

A sublease, on the other hand, is a separate contract between the original tenant and a subtenant. Unlike an assignment, a sublease only turns over part of a property. That means that the original tenant shares the rights and responsibilities to the premises.

A sublease may be preferable for tenants who wish to lease out part of their property to another company for the remainder of the lease term. It may also suit if a tenant needs to rent out the entire property for a period within their fixed-term lease.

In this case, the sublessee treats the sublessor as their landlord. In turn, the sublessor assumes liability on behalf of the sublessee.

Subleasing is best undertaken when:

• You're looking for a partial or temporary cost saving initiative
• Your landlord does not consent to or permit assignment
• Your current lease has. onerous clauses that another tenant wouldn’t agree to

Major hurdles when it comes to subleasing:

• Inherent security risks
• You’ll likely recuperate less than 50%-70% of the rent

You can learn more about some of the benefits of commercial subleasing here and what commercial sublessors should expect from subleasing here .

The importance of a lease assignment and sublease clause

The right to assign or sublet a premises comes down to the language used in the commercial leasing agreement.

If there is no prohibiting or limiting clause, a tenant does not need the landlord’s permission to do so. However, if the contract contains such provisions, the existing tenant needs to get the landlord’s consent. This can prove quite costly for the tenant, who may have to continue to pay rent even if they no longer occupy the premises.

Other options for breaking a commercial lease

The odds usually aren’t stacked in the tenant’s favour when it comes to breaking a commercial lease . However, if you used a tenant representation specialist before signing your contract, you should have received the right advice to protect yourself.

Break clause

Well negotiated leases may have a ‘break clause’, however, most landlords are reluctant to include one of these. A break clause basically lays out the circumstances and the manner in which a tenant can break a commercial lease early.

As with any contract, it’s up to the two parties to negotiate terms. One option may be to allow early termination of a lease if a new tenant with similar financial security takes over. This is similar to an assignment. However, the new tenant would take over the full liability of the remaining lease.

Pay out the commercial lease term

Not a desirable option for most tenants, however, there may be situations where it is the only choice. For example, if you were closing your business before the expiry of your lease term and there was no way to arrange an assignment or sublease, paying out the remainder of your term may be the only course of action.

Most people would consider this a worst-case scenario. This, again, highlights the importance of seeking the help of a tenant representation specialist prior to signing any commercial lease .

Commercial tenants should try to mitigate their risks upfront. Before signing a lease, or even at the heads of agreement stage , we suggest negotiating a clause which requires a landlord to act reasonably in the case of lease assignment or sublease.

Work with a commercial tenant advocate

Negotiating commercial lease terms can be tricky (even daunting at times). This is because most businesses only have to do it once every 5-10 years. Being able to negotiate provisions that would not otherwise be included may also prove challenging because landlords prefer not to limit their options.

Luckily, an experienced tenant representative will guide you through the lease negotiation process so your needs are met every step of the way. So, the next time you face a lease negotiation, let Tenant CS balance the playing field.

Considering breaking your lease? Whether you're exploring options like subleasing, assigning, or surrendering, a detailed property strategy is crucial.

Consulting with a tenant representation specialist is your best move, especially if there's less than a year remaining on your lease. At Tenant CS, we exclusively represent tenants, not landlords. Whether you need assistance with subleasing, exiting your lease, finding and negotiating a new lease, or undertaking a mid-lease rent review, appointing us can potentially save you hundreds of thousands of dollars over your lease term while protecting your interests.

Book a call with us today to discover how we can help you effectively negotiate your next lease or exit your current lease early !

You might also like

Adelaide Office Market Update | Q4 2023

Why Tenant Representatives Are More Valuable Now Than Ever Before

Common Commercial Real Estate Terminology: A Handy Guide For Tenants

Got a project in mind?

Let us represent you.

Tenant Representation

• Office Relocation
• Lease Negotiation
• Stay vs. Relocate
• Blend and Extend

Consulting Services

• Portfolio Analysis
• Portfolio Management
• Serviced Offices & Coworking
• Space Planning and Design

Get to know us

• Our Clients
• Success Stories
• News & Insights
• Careers We're hiring!
• Book a Discovery Call

We acknowledge the Traditional Custodians of the lands on which we work. Our offices are located on the land of the Gadigal peoples of the Eora Nation and the Wurundjeri peoples of the Kulin Nation. We acknowledge their continued connection and contribution to land, water and community, and pay our respects to Elders past and present.

We’re proud to be an inclusive workplace, where diversity in all its forms are valued and every member of our team is encouraged to bring their whole self to work.

.

This sublease is between , an individual (the " Original Tenant ') and , an individual (the " New Tenant ").

On or about , the Original Tenant and (the " Landlord ") entered into a lease agreement (the " Lease "), which is attached as Exhibit A .

The Lease covers the residential property located at , , , , (the " Premises "). 

Under section  of the Lease, the Original Tenant is permitted to sublease its interest in the Lease, with the consent of the Landlord.

The Original Tenant wishes to sublease to the New Tenant its rights in, and delegate its obligations under, the Lease, and the New Tenant wishes to accept this sublease.

The parties therefore agree as follows:

1. SUBLEASE; TERM.

The Original Tenant subleases to the New Tenant all of its interest in the Lease and the Premises, subject to the terms in the Lease and this sublease. This transfer will become effective as of  (the " Effective Date ") and end on (the " End Date "). The period from the Effective Date to the End Date is the " Term ." The New Tenant may not hold over on the Premises past the Term for any reason. 

2. ASSUMPTION OF RIGHTS AND OBLIGATIONS.

During the Term, the New Tenant shall assume all rights and obligations under the Lease and the Original Tenant shall have no further obligations under the Lease during the Term. but the Original Tenant shall remain bound to the Landlord on the terms of the Lease during the Term. The Original Tenant remains responsible for obligations accruing before and after the Term. 

3. TERMINATION OF LEASE.

The Original Tenant will provide at least days' prior notice to the New Tenant before the Original Tenant terminates his or her tenancy in the Premises. If the Lease is terminated for any reason, this sublease will terminate automatically effective the same date.

4. SECURITY DEPOSIT.

On or before the Effective Date, the New Tenant shall pay $ to the Original Tenant, as security for the New Tenant's performance of its obligations under this sublease. The Original Tenant shall return this deposit to the New Tenant, reduced by any deductions for damages to the Premises or other violations of this sublease, within  days of the End Date.

5. INDEMNIFICATION.

• (a) The Original Tenant shall indemnify the New Tenant against any award, charge, claim, compensatory damages, cost, damages, exemplary damages, diminution in value, expense, fee, fine, interest, judgment, liability, settlement payment, penalty, or other loss (a " Loss ") or any attorney's or other professional's fee and disbursement, court filing fee, court cost, arbitration fee, arbitration cost, witness fee, and each other fee and cost of investigating and defending or asserting a claim for indemnification (a " Litigation Expense ") arising out of the Original Tenant's breach of his or her obligations under the Lease before the Effective Date or after the End Date of this sublease.
• (b) The New Tenant shall indemnify the Original Tenant against all Losses or Litigation Expenses relating to the Lease, except if those Losses or Litigation Expenses arise from the Original Tenant's failure to perform his or her obligations under the Lease before the Effective Date or after the End Date.
• (c) The New Tenant shall indemnify the Original Tenant against all Losses or Litigation Expenses attributable to the acts or omissions of the New Tenant or his or her agents, contractors, or employees with respect to the Premises or any activities on the Premises. This indemnification will survive the termination of the Lease and this sublease.

6. CONTINUING EFFECTIVENESS OF LEASE.

This sublease is made on the understanding that all other terms of the Lease remain in full effect, including the prohibition against assignments and further subleases without the Landlord's express written consent.

7. ORIGINAL TENANT'S REPRESENTATIONS .

The Original Tenant represents that:

• (a) he or she is the lawful and sole owner of the interests subleased under this sublease;
• (b) the interests transferred under this sublease are free from all encumbrances;
• (c) except for the Landlord and the Original Tenant, there are no parties in possession or occupancy of the Premises or any part of them, and there are no parties with possessory rights on the Premises or any part of them; and
• (d) he or she has performed all obligations and made all required payments under the Lease.

8. NEW TENANT'S INTEREST IN THE APARTMENT.

The New Tenant will be one of  tenants occupying the Premises (the " Tenants "). The New Tenant will   not   share a bedroom   with . The New Tenant may   not   share all of the common spaces (e.g., living room, dining room, kitchen, and bathroom) equally with the other Tenants.

9. CONDITION OF PREMISES.

The New Tenant has examined and inspected the Premises and accepts them "as is" and in their present condition with all faults. Except as provided in this sublease, the Original Tenant makes no representations, covenants, or guaranties about the status, nature, or condition of the Lease or the Premises.

10. INTERPRETATION.

In interpreting the language of this sublease, the parties shall be treated as having drafted this sublease after meaningful negotiations. The language in this sublease will be construed as to its fair meaning and not strictly for or against either party.

11. GOVERNING LAW.

• (a) Choice of Law. The laws of the state of  govern this agreement (without giving effect to its conflicts of law principles).
• (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

12. AMENDMENTS.

No amendment to this sublease will be effective unless it is in writing and signed by a party or its authorized representative.

13. COUNTERPARTS; ELECTRONIC SIGNATURES.

• (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
• (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

14. SEVERABILITY.

If any one or more of the provisions contained in this sublease is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this sublease, but this sublease will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this sublease to be unreasonable.

15. NOTICES.

• (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
• (b) Addresses. A party shall address notices under this section to a party at the following addresses:
• If to the Original Tenant: 
• If to the New Tenant: 
• (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

16. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this sublease will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

17. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

18. HEADINGS.

The descriptive headings of the sections and subsections of this sublease are for convenience only, and do not affect this agreement's construction or interpretation.

19. EFFECTIVENESS.

This sublease will become effective when all parties have signed it. The date this sublease is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this sublease.

20. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this sublease contemplates or to evidence or carry out the intent and purposes of this sublease.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.

LANDLORD'S CONSENT As Landlord under the Lease, I hereby consent to this sublease of the Lease, and to the New Tenant's assumption of the Original Tenant's obligations under it. Notwithstanding this sublease and my consent to it, the Original Tenant remains primarily obligated as tenant under the Lease and I do not waive or relinquish any rights under the Lease against either the New Tenant or the Original Tenant. As of the Effective Date of the sublease, I release the Original Tenant from all liability for obligations (including rent payments) under the Lease during the Term.

[PAGE BREAK HERE]

EXHIBIT A Attach copy of Lease

Sublease of Residential Lease (with Landlord Consent) - Free Template

Get the landlord's consent and smoothly transfer your residential lease with a sublease of residential lease form. use our template to clearly lay out the lease terms, obligations of the new tenant, payment, and other essential details..

Complete your document with ease

What's a landlord consent to sublease of residential lease?

Related templates

Assignment of Agreement

Transfer work responsibilities efficiently with an assignment of agreement. Facilitate a smooth transition from one party to another.

Assignment of Commercial Lease

Transfer your commercial lease to a new tenant smoothly. Create an assignment of a commercial lease to clearly articulate the new tenant's rights, responsibilities, and obligations.

Assignment of Residential Lease

Simplify lease transfers with an assignment of residential lease agreement. With the landlord's approval, smoothly transfer your lease responsibilities to a new tenant while documenting the arrangement comprehensively.

Cohabitation Agreement

Step into a new chapter of your life securely with a cohabitation agreement. Start your commitment on the right track with your significant other.

Land Co-ownership Agreement

Define the rights and responsibilities of a property owner with a land co-ownership agreement. Safeguard investments and clarify land usage guidelines.

Landlord Consent to Assignment

Facilitate lease transfers with a landlord consent to assignment form. Provide tenant and landlord information, along with the rental property address, and grant permission for the lease transfer easily.

The Federal Register

The daily journal of the united states government, request access.

Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs.

If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated.

An official website of the United States government.

If you want to request a wider IP range, first request access for your current IP, and then use the "Site Feedback" button found in the lower left-hand side to make the request.