Sublease Agreement Template

Can a tenant allow someone to crash at their place for a while without violating their lease? Before whipping out the air mattress, it's important to consider the lease agreement. Having someone stay for a short period might be okay, but letting them become a long-term guest could violate the terms of the lease.

Subleasing lets the tenant pass their rental on to someone else temporarily. This guide will walk through everything all parties need to know about sublease agreements.

What is a Sublease Agreement?

A sublease agreement states that the person renting a place is letting someone else rent it from them. It also makes clear:

• The sublessee (temporary renter) is taking over the use of the space based on the sublease terms.
• The original rental agreement between the sublessor (original tenant) and landlord stays in place.
• The sublessor is taking on the role of landlord for the sublessee.
• The sublessor remains responsible for rent payments and repairs.

Key Elements of a Sublet Agreement

A sublease agreement usually has these key elements:

• Parties Involved:  List all the important players, like the tenant (the sublessor), rhe new person taking over the property (the sublessee), and the property's landlord.
• Lease Location: The address and clear details of the property being subleased. 
• Payment Details: The monthly rent amount, due dates, and how payments will be handled.
• Insurance Requirements: Any renter's insurance requirements for the sublessee. Better safe than sorry!
• Security Deposit: The amount of the security deposit and the conditions for its return when the sublease ends.
• Utilities: Who is responsible for utilities (electricity, water, etc.), and how will payments be handled?
• Termination Conditions: The circumstances under which the sublease can be terminated. This includes any rules that might lead to eviction. It's good to know the exits!
• Applicable Laws: Which court of law will rule on the agreement, and where will any arguments be resolved?
• Pet Clause (if any): Furry Friends? A pet clause outlining any rules regarding pets, including the number, size, and type allowed.
• Signatures and Date: Everyone's signatures and dates.

How to Sublease Your Rental Property

Subletting an apartment can be a great way to make some extra cash, but it's not as simple as throwing out a welcome mat. Here's a breakdown to help navigate the process like a pro:

• Check the Lease Agreement: This is like a rulebook for the apartment. Before advertising for a roommate, make sure subletting is allowed. 
• Get Landlord Permission: The landlord is the boss! They need to give their permission to let the tenant sublet. 
• Who Pays the Rent? Who will collect rent from the sublessee and then pay the landlord, or will they pay the landlord directly? Make this clear to avoid any confusion.
• Terms and Conditions: This lays out all the rules for the sublessee, like how much they owe, how long they can stay, and any other expectations they need to know about.
• Background Check: Do a quick background check on potential sublessees to make sure they're responsible and trustworthy.

By following these steps, tenants can sublease their apartment with confidence (and maybe some extra cash) along the way!

Sublet vs. Sublease: Does It Matter?

The short answer is no. Often, these words are used to mean the same thing. Here's the main difference:

• With a sublease, responsibility is passed on to the new renter (sublessee). That means the sublessee has to deal with payments and any issues from then on. 
• In a sublet setup, the original tenant finds someone to rent from them directly but stays fully liable to the landlord. So any problems would still be their problem to fix in the end.

The biggest thing to pay attention to is whether the tenant or the sublessee has to answer to the landlord. Other than that, sublease and sublet can be used interchangeably in casual conversations about renting out a place temporarily.  

Creating a Sublease Agreement With Butterscotch

Need somewhere to start for your Sublease Agreement? Simplify the process with Butterscotch's customizable templates! Here's why you'll love us:

• Templates On Demand: Add the info you need, change whatever sections don't work, and make the template fit your needs. You can even personalize your contract by adding your personal branding.
• Send with a Click: Forget printing, scanning, and mailing. Securely send contracts electronically!
• Electronic Signatures: Get them signed with electronic signatures by all parties from anywhere.
• Status Tracking: Monitor the status of every contract at a glance, from changes made and when another party has signed.
• Centralized Storage: All your documents are securely stored in one digital location, accessible anytime, anywhere.