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What Is a Residential Sublease?

A Residential Sublease, also known as a sublet agreement, sublease contract, or room rental agreement is:

  • A contract between the original tenant (now the sublandlord) and
    a new tenant (or subtenant) that allows the subtenant to take over the lease or rent out part of the space in exchange for regular payments
  • A document describing the length, or term of the sublease, payment details, property use, and improvements
  • A formal outline of the rights and obligations of the subtenant and sublandlord during the sublease term
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Who Should Use a Sublease Agreement?

Subletting may be a good option if you need someone to temporarily take over your lease.

Situations that typically call for a sublease include:

  • Returning home from college for the summer
  • Taking a long-term trip or studying abroad
  • Leaving indefinitely to take care of a family crisis

Should I Sublet or Assign My Lease?

Both arrangements involve finding a new tenant for your property, but they have a couple of key differences:

  • Use a Sublease Agreement if you're leaving temporarily and want
    a subtenant to pay your rent while you're away, or if you're subletting a portion of the space to a subtenant
  • Use an Lease Assignment Agreement to transfer your lease if you're moving permanently, such as relocating to a new city or buying a house
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What Information Do I Include in a Residential Sublease Agreement?

Your sublease contract should contain the following details:

  • Type of property, such as a house, apartment, condo, or room
  • Rental area: all or a portion of the premises
  • Sublandlord, subtenant, and landlord information
  • Sublease length, or term: fixed term or automatic renewal
  • Financial details, including rent, utilities, and security deposit
  • Requirement for renters' insurance
  • Option for a check-in inspection
  • Landlord's consent

How Long Does a Sublease Agreement Last?

You can offer a fixed term or automatic renewal sublease:

  • A fixed term sublease ends on a set date, before the end of the master lease
  • An automatic renewal sublease doesn't have a set end date and renews monthly or annually until the subtenant or sublandlord gives notice
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Are You Looking for Another Form?

If you're subletting, you might also find the following forms useful:

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