A sublease is an agreement to assume part of another party's rental contract. For example, a doctor signs a three-year lease for office space. He decides after two years to move his practice to another city. He can sublease the office space to another tenant for the final year of the lease. A sublease doesn't eliminate an original tenant's duties to a landlord, therefore, a tenant writing a sublease should take reasonable steps to protect his interests.
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- Moderately Challenging
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Identify the subleased property by a common address. Establish the monthly rent and terms of the sublease. Note the commencement date for the sublease and the day rent is due. State to whom the rent should be paid, where it should be sent and the amount and conditions of any security deposit required. Hold the subtenant liable for any damages to the property.
Attach a copy of the original lease to the sublease. State in the sublease that the parties agree not to violate any term of the original lease. Have the subtenant initial the original lease to acknowledge its receipt. If required by law or the original lease, request the landlord's written consent to sublease the premises.
Sign and date the sublease agreement. Have two competent adults witness the signing. Provide complete, signed copies to all parties to the sublease. Attach a copy of the landlord's written consent to the sublease, if applicable.
Consult an attorney. Ask the lawyer to explain all applicable laws governing a specific sublease. Request that the lawyer obtain a credit report, rental history and employment verification on the subtenant. States have varying laws related to rental and subleasing agreements. Government subsidised housing may have special regulations regarding subleasing. Rely on a lawyer to adhere to all relevant subleasing laws.
Tips and warnings
- Don't give legal advice about sublease agreements to third parties unless you're an attorney. The unauthorised practice of law is prohibited in all states.
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