Sublease Agreement Template

A sublease agreement lets an existing tenant rent their apartment or house to someone else while the original lease stays in their name. Use this free template to document the sublease rent, the landlord consent, and who remains responsible for what.

Last updated: August 5, 2026

What Is a Sublease Agreement?

A sublease agreement is a contract between a current tenant, called the sublandlord or sublessor, and a new occupant, called the subtenant or sublessee. The sublandlord keeps the original lease with the property owner and grants the subtenant the right to occupy the property for part or all of the remaining term. The subtenant pays rent to the sublandlord, not to the owner, and the sublandlord keeps paying the owner under the original lease.

The defining feature of a sublease is that the original lease still controls. Almost every residential lease requires written landlord consent before a tenant can sublet, and subletting without it is usually a serious breach that can end the original lease and put both people out. A properly written sublease incorporates the original lease by reference, attaches a copy, and makes clear that the sublandlord remains liable to the owner for rent and damage even after the subtenant moves in.

When to Use This Template

  • You are leaving for a semester, an internship, a deployment, or an extended trip and need someone to cover the rent.
  • You want to move out before your lease ends but the landlord will not release you from it.
  • You have a spare bedroom and your lease allows subletting with written consent.
  • A subtenant needs written proof of the right to occupy the property.
  • You want it recorded that the subtenant must follow every rule in the original lease.
  • You need to define who gets the deposit back and who pays for damage at the end of the sublease.

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Full text of the template. Fields in [BRACKETS] are placeholders you fill in.

Sublease Agreement

  1. 1. 1. Parties

    This Sublease Agreement (the "Sublease") is made on [AGREEMENT DATE] between [SUBLANDLORD NAME], the current tenant of the property described below ("Sublandlord"), and [SUBTENANT NAME] ("Subtenant"). Sublandlord holds the property under a lease with [LANDLORD NAME] ("Landlord"). Each adult who will occupy the property must sign this Sublease and is jointly and severally liable for its obligations. Notices are effective when delivered in person, by certified mail, or by email to [SUBLANDLORD EMAIL] and [SUBTENANT EMAIL].

  2. 2. 2. Subleased Premises

    Sublandlord subleases to Subtenant the property located at [PROPERTY ADDRESS], consisting of [ENTIRE UNIT / SPECIFIC ROOMS DESCRIBED AS [ROOM DESCRIPTION]] (the "Premises"). The Premises are provided [FURNISHED / UNFURNISHED] and include the items listed on the inventory attached as Exhibit A. If only part of the property is subleased, Subtenant also has shared use of [SHARED AREAS] and no right to enter [EXCLUDED AREAS]. Subtenant has inspected the Premises and accepts them in their present condition except as noted on the move-in checklist.

  3. 3. 3. The Original Lease

    Sublandlord leases the Premises from Landlord under a lease dated [ORIGINAL LEASE DATE] with a term ending [ORIGINAL LEASE END DATE] (the "Original Lease"), a complete copy of which is attached as Exhibit B and incorporated into this Sublease. Sublandlord represents that the Original Lease is in full force, that Sublandlord is not in default under it, and that all rent due to Landlord has been paid. Subtenant confirms having received and read the Original Lease. Every term of the Original Lease that applies to the tenant applies equally to Subtenant during the Sublease Term, except for the rent amount stated in this Sublease.

  4. 4. 4. Landlord Consent

    This Sublease has no effect until Landlord consents in writing, and a copy of that written consent must be attached as Exhibit C. Sublandlord is responsible for requesting consent and for paying any application or administrative fee Landlord charges. If Landlord refuses consent or fails to respond by [CONSENT DEADLINE DATE], this Sublease is void and Sublandlord will refund all money paid by Subtenant within [REFUND DAYS] days. Neither Party may take possession or exchange keys before written consent is obtained.

  5. 5. 5. Sublease Term

    The Sublease Term begins on [SUBLEASE START DATE] and ends at 11:59 p.m. on [SUBLEASE END DATE]. The Sublease Term may not extend beyond the end of the Original Lease, and if the Original Lease ends earlier for any reason, this Sublease ends on the same day. There is no automatic renewal, and any extension must be agreed in writing by Sublandlord, Subtenant, and Landlord. Subtenant will surrender possession on the end date without further notice.

  6. 6. 6. Rent

    Subtenant will pay Sublandlord rent of [SUBLEASE MONTHLY RENT] per month, due on the [RENT DUE DAY] day of each month by [PAYMENT METHOD] to [PAYEE AND PAYMENT DETAILS]. Sublandlord remains solely responsible for paying the full rent owed to Landlord under the Original Lease and will do so on time regardless of whether Subtenant has paid. If rent from Subtenant is more than [GRACE PERIOD DAYS] days late, a late fee of [LATE FEE AMOUNT] applies. Rent for a partial first or final month is prorated on a daily basis.

  7. 7. 7. Security Deposit

    Subtenant will pay Sublandlord a security deposit of [SUBLEASE DEPOSIT AMOUNT] before taking possession. The deposit secures the obligations of Subtenant under this Sublease and is separate from any deposit Sublandlord holds with Landlord. Sublandlord may apply the deposit to unpaid rent, unpaid utilities, cleaning beyond normal wear and tear, and damage caused by Subtenant or guests of Subtenant. Within [DEPOSIT RETURN DAYS] days after the Sublease Term ends and possession is returned, Sublandlord will return the balance with an itemized statement of deductions. Sublandlord will hold and return the deposit as required by applicable law.

  8. 8. 8. Utilities and Services

    During the Sublease Term, Subtenant is responsible for [SUBTENANT-PAID UTILITIES] and Sublandlord remains responsible for [SUBLANDLORD-PAID UTILITIES]. Where an account must stay in the name of Sublandlord because of the Original Lease, Subtenant will reimburse Sublandlord within [UTILITY REIMBURSEMENT DAYS] days of receiving a copy of the bill. Subtenant will not cancel, transfer, or change any utility account without written approval from Sublandlord. Any deposit, connection fee, or reconnection charge caused by Subtenant is payable by Subtenant.

  9. 9. 9. Obligations Under the Original Lease

    Subtenant agrees to comply with every obligation of the tenant under the Original Lease, including rules on occupancy limits, guests, noise, pets, smoking, parking, alterations, and insurance. Subtenant will not do anything that would put Sublandlord in default under the Original Lease. Sublandlord agrees to continue performing all obligations owed to Landlord, including paying rent on time, and will promptly forward to Subtenant any notice from Landlord that affects the Premises. If Subtenant causes a default under the Original Lease, Subtenant will indemnify Sublandlord for the resulting rent, damages, fees, and costs.

  10. 10. 10. Maintenance, Repairs, and Alterations

    Subtenant will keep the Premises clean and undamaged, promptly report any leak, pest, or unsafe condition to Sublandlord in writing, and use all appliances and fixtures with reasonable care. Repair requests that are the responsibility of Landlord under the Original Lease will be forwarded by Sublandlord to Landlord without delay. Subtenant is responsible for the cost of repairing damage caused by Subtenant, occupants, or guests, beyond normal wear and tear. Subtenant may not paint, install fixtures, change locks, or make any alteration, since the Original Lease prohibits changes without landlord approval. Subtenant is encouraged to carry renters insurance covering personal property and liability.

  11. 11. 11. Right of Entry

    Landlord retains every right of entry granted by the Original Lease, and Subtenant agrees to permit that entry on the notice stated there. Sublandlord may also enter the Premises to inspect the condition, retrieve stored belongings identified in this Sublease, or address an emergency, after giving Subtenant at least [ENTRY NOTICE HOURS] hours notice except in an emergency. Sublandlord will not enter for routine purposes without notice or use entry rights to interfere with the quiet enjoyment of Subtenant. Subtenant will not change or add locks that would block entry by Landlord or Sublandlord.

  12. 12. 12. Default and Remedies

    Subtenant is in default if rent is unpaid when due, if any other obligation is breached and not cured within [CURE PERIOD DAYS] days after written notice, or if Subtenant abandons the Premises. On default, Sublandlord may terminate this Sublease and recover possession through the process required by applicable law, and may recover unpaid rent, late fees, damages, and costs. Sublandlord is in default if Sublandlord fails to pay rent to Landlord or otherwise causes the Original Lease to be terminated, in which case Subtenant may recover prepaid rent, the deposit, and reasonable relocation costs. Neither Party may use lockouts or utility shutoffs as a remedy.

  13. 13. 13. Termination and Surrender

    This Sublease ends on the Sublease end date, on the earlier termination of the Original Lease, or on termination for default as described above. On or before the end date, Subtenant will remove all personal property, return every key, fob, and access device, and leave the Premises clean and in the same condition as at move-in aside from normal wear and tear. Subtenant will provide a written forwarding address so the deposit statement can be delivered. Property left behind may be removed and stored or disposed of by Sublandlord as applicable law permits, at the expense of Subtenant. Sublandlord and Subtenant will complete a joint move-out inspection within [MOVE-OUT INSPECTION DAYS] days of surrender where practical.

  14. 14. 14. Governing Law

    This Sublease is governed by the laws of the state where the Premises are located, without regard to conflict of law rules. Landlord-tenant protections that apply to tenants in that state generally apply to Subtenant as well, and any mandatory rule overrides a conflicting term in this Sublease. Any dispute will be brought in a court of competent jurisdiction in [COUNTY AND STATE]. If any provision is held unenforceable, the remainder of this Sublease stays in effect.

  15. 15. 15. Entire Agreement

    This Sublease, together with the Original Lease, the inventory, and the written landlord consent attached as exhibits, is the complete agreement between Sublandlord and Subtenant and supersedes all prior listings, messages, and verbal promises. No amendment is effective unless it is in writing and signed by both Parties, and any amendment that conflicts with the Original Lease also requires landlord approval. If a term of this Sublease conflicts with the Original Lease, the Original Lease controls. Failure to enforce a term on one occasion does not waive the right to enforce it later.

  16. 16. 16. Signatures

    The Parties have read this Sublease and the attached Original Lease, understand them, and agree to be bound as of the dates written below. Sublandlord signature: ____________________ Print name: [SUBLANDLORD NAME] Date: [DATE] Subtenant signature: ____________________ Print name: [SUBTENANT NAME] Date: [DATE] Landlord consent signature: ____________________ Print name: [LANDLORD NAME] Date: [DATE]

  17. 17. 17. Disclaimer

    This template is provided for informational purposes only and is not legal advice. Subletting rules, landlord consent requirements, and deposit handling differ by state and city, and many leases restrict or prohibit subleasing entirely. ScanContract is not a law firm and no attorney-client relationship is created by using this template. Read the original lease carefully and have a licensed attorney in your jurisdiction review the sublease before anyone signs or moves in.

Key Clauses Explained

What each important clause does — and what to watch out for before you sign.

Landlord Consent

Makes written approval from the property owner a condition before the sublease takes effect.

Watch for a sublease that says consent will be obtained rather than attaching it. As the subtenant you are the one who loses a home if consent never arrives, so do not pay a deposit or accept keys until you have seen the signed consent document.

Incorporation of the Original Lease

Applies every rule of the main lease to the subtenant, from occupancy limits to pet and parking restrictions.

Watch for a sublease that binds you to a lease you have never read. Insist on a full copy attached as an exhibit, and check for surprises such as no-pet clauses, guest limits, mandatory renters insurance, or early termination penalties you would inherit.

Continuing Liability of the Sublandlord

Confirms that the original tenant still owes rent to the landlord even after the subtenant moves in.

Watch for language suggesting your rent payments go straight to the landlord when they do not. If the sublandlord pockets your rent and stops paying, the landlord can move to evict everyone, so consider asking for proof of payment each month.

Sublease Term Limits

Ties the sublease end date to the remaining term of the original lease so it cannot outlast it.

Watch for a sublease that runs to a date past the end of the main lease, which is a promise the sublandlord cannot keep. Confirm the original lease end date yourself rather than trusting the number typed into the sublease.

Security Deposit

Sets the deposit you pay the sublandlord and separates it from any deposit the sublandlord holds with the landlord.

Watch for a clause letting the sublandlord hold your deposit until the landlord returns theirs, which can stretch for months after you move out. Ask for a fixed return deadline tied to your move-out date and take dated photos of every room.

Early Termination on Loss of the Original Lease

Explains what happens to the subtenant if the main lease ends before the sublease does.

Watch for a clause that ends your right to stay with no refund or relocation help if the sublandlord defaults. Push for a term requiring prepaid rent and the deposit to be returned, and set a notice period so you are not told to leave the same week.

Furniture and Inventory

Lists the furniture and appliances left in place so responsibility for damage is clear.

Watch for an inventory listing valuable items with no condition notes, which can turn pre-existing scratches into charges against you. Photograph every listed item on move-in day and email the photos to the sublandlord so the record is timestamped.

Frequently Asked Questions

Is a sublease agreement legally binding?
Yes, between the sublandlord and the subtenant it is a binding contract once both sign. It does not, however, bind the property owner unless the owner consents. Without written landlord consent the sublease can still be enforced between the two signers, but the owner may treat the arrangement as a lease violation and move to evict.
Do I need my landlord to approve a sublease?
In almost every case yes. Most residential leases either prohibit subletting outright or require prior written consent, and subletting without it is a material breach. Ask in writing, keep the response, and attach the signed consent to the sublease so everyone has a record.
What is the difference between a sublease and an assignment?
In a sublease the original tenant stays on the lease and remains responsible to the landlord while collecting rent from the subtenant. In an assignment the original tenant transfers the entire lease to a new tenant and, if the landlord agrees to a release, walks away from the obligations. Choose a sublease when you plan to return and an assignment when you are leaving for good.
Who is responsible if the subtenant damages the property?
The landlord will look to the original tenant, because the original lease is still in that person name. The sublease then lets the sublandlord recover those costs from the subtenant through the deposit and an indemnity clause. That is why a detailed move-in inventory with photos protects both sides.
What happens if the original tenant stops paying the landlord?
The landlord can begin eviction proceedings against the unit even though the subtenant has been paying rent faithfully. A subtenant in that position may be able to recover prepaid rent and the deposit from the sublandlord, and some states allow the subtenant to pay the landlord directly to stay in place. Ask for monthly proof of payment and act quickly if any landlord notice appears.

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