A sublease agreement is a contract where a tenant rents all or part of their place to someone else (the subtenant) for some or all of the time left on their own lease. Students leaving for a summer internship use them all the time, and so does anyone who has to move for work mid-lease. This free sublease agreement template comes in Word and PDF, and it includes a section for the landlord’s written consent.

When do you need a sublease agreement?

Use one when you’re the tenant, you want to keep your lease, and someone else will live in the place for a while. A common case: a Chicago tenant has seven months left on a $1,900 lease and lands a four-month contract job in Denver. A sublease lets someone else live there and pay rent while they’re gone, and they move back in afterwards.

It’s not the right document in a couple of cases. If you want to walk away from the lease for good, ask your landlord about an assignment or a lease termination instead. If you’re staying in the apartment and just adding a housemate for a room, a room rental agreement is a closer fit. And if you own the place, you don’t need a sublease at all: use a residential lease agreement or a month-to-month rental agreement.

What should a sublease agreement include?

Here’s what each section of our template covers.

Parties. Three names: you (the sublessor, the original tenant), the subtenant, and the landlord, who signs the consent section at the end.

Premises. The address and whether the subtenant gets the whole place or only part of it.

Original lease. A sentence saying the subtenant has received a copy of your original lease and agrees to follow its rules. This matters. If your lease bans pets or smoking, your subtenant needs to know, because you’re the one the landlord will come after.

Term. Start and end dates. The sublease can’t run past the end of your own lease, so the template says so.

Rent. How much the subtenant pays, when, and to whom. Most subleases have the subtenant pay you, and you keep paying the landlord. The template also has an option for paying the landlord directly, if the landlord agrees.

Deposit. A separate deposit from the subtenant to you, returned (less lawful deductions with an itemized list) after they move out. Check your state’s deposit limits and return deadlines, since they may apply to you as a sublessor.

Utilities, condition and furnishings. Who pays which bills, and a move-in checklist. If you’re leaving furniture, list it.

Responsibility. Plain language that you remain responsible to the landlord, and the subtenant is responsible to you for rent and damage.

Landlord consent. A short block the landlord signs to say they approve. It also says the consent doesn’t change the original lease or release you, unless the landlord writes that in.

What do you need to check before you sublet?

Start with your own lease. Look for a clause about subletting or assignment; many leases require the landlord’s written consent, and subletting without it can put you in breach.

Then check your state and city. Some places give tenants rights here. The New York attorney general’s tenants’ guide says that in buildings with four or more units, tenants have a right to sublet, a lease clause restricting that right is void, and the landlord can refuse only on reasonable grounds. That’s New York; other states are different, and rent-regulated or subsidized housing often has extra rules.

If the home was built before 1978, the federal lead disclosure rule covers most residential leases, with exemptions such as leases of 100 days or less that can’t be renewed or extended. Share the lead disclosure and EPA pamphlet you received with your subtenant; it’s easy and removes any doubt.

Finally, be honest with yourself about risk. Unless your landlord agrees to release you, assume you’re still on the hook under the original lease if the subtenant stops paying or wrecks the kitchen. Pick your subtenant with that in mind.

How do you fill it in and get it signed?

  1. Get a copy of your original lease and read the subletting clause.
  2. Fill in the template: names, dates, rent, deposit, utilities, and anything the subtenant can’t use.
  3. Attach a copy of the original lease, any lead disclosure, and a move-in checklist.
  4. Sign it yourself and have the subtenant sign.
  5. Send it to your landlord for the consent signature before the subtenant moves in.

All three signatures can be collected electronically. The federal ESIGN Act says a contract or signature can’t be denied legal effect just because it’s electronic, and subleases aren’t on the list of exceptions. It’s also an easy way to keep a clean record that the landlord consented, which is exactly the thing people argue about later. If you need all three people to sign in a set order, our guide on getting a document signed by multiple people walks through it.

Download it, fill in the blanks, and send it for e-signature with any tool you like. (SignWren, the tool we’re building, is meant for exactly this job, and the waitlist is open.)

This template and guide are general information, not legal advice. For a specific sublease or dispute, talk to a lawyer licensed where the property is.