What Is A Sublease Agreement?

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What is a Sublease Agreement? Published December 16, 2019 | By Timothy Harris | 2 Minutes Read

Key Takeaways

We all live in a yellow sublease … wait, that’s not right.

A sublease agreement is a secondary lease underneath the primary lease. Subleasing is the act of leasing out your own rental to another tenant, whether the entire unit or only a portion.

In most cases, the sublease is governed via a sublease agreement much like a regular tenant’s occupancy would be governed by a lease agreement.

Are sublease agreements legal?

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

For the most part, the answer lies in your lease. If your primary lease agreement doesn’t specifically prohibit the use of a sublease agreement, it’s generally OK to do. However, if you’re unsure, you can always ask the property owner directly.

How to write a sublease agreement

If you decide subleasing your apartment is right for you, you’ll have to write up a sublease agreement. Since you’re governing the terms of the sublease, you’re responsible for the document — not, the property owner as you may originally assume.

When writing a sublease agreement, these are a few of the most important elements to include:

Both parties names and identification info
Address of the unit
Length of the sublease
Rent cost and when it will be due each month
Security deposit agreement
Signature and dates from both parties

Should you use a sublease agreement?

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If you decide to sublease, there’s no doubt that you should have a formal sublease agreement. Even if the sublease is between friends or family, a written agreement can save you from being taken advantage of in the long run. However, whether or not to sublease at all is an entire separate consideration you’ll have to make after weighing the facts.

Additional resources

What is an Apartment Sublease?
What is a Lease Term?
What is a Sublease?
How to Write a Sublease Agreement
Sample Letter: Requesting Permission to Sublease

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Timothy Harris

Timothy Harris is a freelance writer based in Albuquerque. He brings a professional background in event marketing, residential real estate and journalism to the table to provide useful and relevant content for the modern renter. Timothy has previously written content for Karsten & Associates in New Mexico and Up 'til Dawn, a philanthropic fundraiser that benefits St. Jude Children's Research Hospital. [email protected]