Is landlord permission needed to sublet?

Most leases address subletting directly, and many require written consent. Check your lease before you advertise — subletting in breach of it can put your own tenancy at risk. The generator asks you to record the consent position.

Does subletting end my responsibility for the rent?

No, and this is the most common misunderstanding. Under a sublease the original tenant normally stays liable to the landlord for rent and for damage. If the subtenant stops paying, the landlord still looks to you.

How is a sublease different from an assignment?

A sublease creates a new relationship underneath your lease, which continues. An assignment transfers your lease to someone else and takes you out of it. They have very different consequences for who owes the rent.

Can a sublease run past the master lease?

It should not. A sublease cannot grant more than the original tenant has, so the end date should fall on or before the master lease end date. The generator asks for the master lease end date so the two documents stay consistent.

Who holds the subtenant's deposit?

Usually the original tenant, who is also responsible for returning it. That is a second deposit obligation on top of the one the landlord holds from you — worth being deliberate about before taking money.

Sublease Agreement

Sublease agreement: sublet all or part of a rental, referencing the master lease.

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A sublease lets a tenant rent their unit, or part of it, to someone else while the original lease stays in force. The original tenant does not step out of their lease — they take on a second relationship alongside it.

Who this document is for

A tenant leaving temporarily who needs the rent covered
A tenant renting out a spare room under their own lease
A student subletting over a summer

When to use something else

Using the wrong document is the most expensive mistake in this category, because the paperwork looks complete while doing the wrong thing. This is not the document for:

Ending your lease and handing it to someone else — that is an assignment
A landlord renting directly to a tenant — use a Residential Lease
Sharing with a co-tenant on the same lease — use a Roommate Agreement

What the generated document contains

Sublessor and sublessee, with contact details
The property and which part is being sublet
The master lease being sublet under, by date
Sublease start and end dates, and rent
Whether landlord consent has been given
Signature block for both parties

State and local requirements

Requirements for this document differ by state, and sometimes by city. Notice periods, deposit limits, permitted fees and required disclosures are all set locally, and a number that is correct in one state can be wrong in the next one.

This page does not state those figures. The questionnaire asks you for the values that apply to your tenancy and prints what you enter, so the document reflects your situation rather than a national average. Start with the state lease pages for the jurisdiction you are renting in.

How it works

Answer the guided questions
Review the readiness check, which flags contradictions before you pay
Preview the finished document free
Become a member and download the PDF and Word file. Cancel any time.

What to have ready

You will need answers to these 16 required questions, spread over 7 steps. The questionnaire also has optional questions, and some answers lead to follow-ups. Your answers are kept in this browser for 24 hours, so you can come back and finish (how saving works).

Original tenant (sublessor)
- Who is the original tenant subletting?
New tenant (sublessee)
- Who is moving in as subtenant?
Subleased space
- What address is being subleased?
- Which rooms or area (e.g. entire unit, Room B)?
Original (master) lease
- Who is the landlord on the original lease?
- When does the original (master) lease end?
Sublease terms
- What rent will the subtenant pay?
- When is the subtenant's rent due?
- How and where will the subtenant pay rent?
- Who pays which utilities?
- Security deposit the subtenant pays (enter 0 if none)?
- When does the sublease start?
- When does the sublease end?
- Does the landlord allow subleasing?
Lead paint
- Was the home built before 1978? (lead-paint disclosure)
State
- Which state is this document for?

Frequently asked questions

Most leases address subletting directly, and many require written consent. Check your lease before you advertise — subletting in breach of it can put your own tenancy at risk. The generator asks you to record the consent position.
No, and this is the most common misunderstanding. Under a sublease the original tenant normally stays liable to the landlord for rent and for damage. If the subtenant stops paying, the landlord still looks to you.
A sublease creates a new relationship underneath your lease, which continues. An assignment transfers your lease to someone else and takes you out of it. They have very different consequences for who owes the rent.
It should not. A sublease cannot grant more than the original tenant has, so the end date should fall on or before the master lease end date. The generator asks for the master lease end date so the two documents stay consistent.
Usually the original tenant, who is also responsible for returning it. That is a second deposit obligation on top of the one the landlord holds from you — worth being deliberate about before taking money.

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Preview free, then download the editable Word and PDF with your membership.