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Circumstances can change and you may be thinking of subletting your home. Perhaps you need to move away for work or family, or perhaps you need to make extra income from your spare room. Rather than sever a lease, a sublease agreement makes subletting your property a reality.
What is a sublease?
Subleasing is when a subtenant rents part or all of a property from a tenant.
In a sublease agreement, the subtenant generally has no responsibility to the landlord and will pay rent to the original tenant. The first tenant will continue paying the landlord rent directly.
Download this template at Lawpath
What is a sublease agreement?
A sublease agreement is the legal contract established between the tenant and subtenant to grant the right to sublease a property. It also sets out the rental amount for the specific part of the property the new tenant will occupy.
When should I use a sublease agreement?
If you decide to sublease, it's important to create a formal sublease agreement. Even if it's between friends of family, it's important to draft a written agreement.
Many tenants sublet their space when they're locked into a tenancy contract but want to travel or have to relocate for work or education. Some tenants may also choose to sublet one or two of their rooms to make some extra income. Subletting can be a great way for a tenant to share their responsibility with another person.
What does a sublease agreement include?
When writing a sublease agreement, the elements below should be included or not included.
- Both parties names and information
- Address of the property being subleased
- Time period of the sublease
- Rent cost and when the money will be paid
- Security deposit agreement
- Lease terms
- Tenant rules and responsibilities
- Signature and dates from both parties
- Over complicated language
- Vague language
- Unreasonable demands
Sublease agreement vs roommate agreement
A roommate agreement is a document drafted to help people living in a shared space cooperate. The roommate agreement usually contains house rules. Unlike a sublease agreement, a roommate agreement doesn't feature any terms that are legally binding. Roommates will both pay the rent to a landlord, a subtenant will pay their rent to the first tenant.
How effective is a sublease agreement?
If you are subletting a property, a well written sublease agreement is incredibly important. This document is important as it clearly states the terms of that sublease as these are not covered under the Residential Tenancies Act.
Do I need a lawyer to write my sublease agreement?
Lawyers are technically not required to write up a sublease agreement, but they can be useful in some cases. Subletting can be a complicated process that requires permission to be given by a landlord. Hiring a lawyer to help you draft your agreement will ensure both parties are protected. If you'd rather write the document yourself, you can use a template that has been created with the laws of your state in mind.
Get access to customisable sublease agreement templates online
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How do I write a sublease agreement?
Before you start writing a sublease agreement, you need to get permission from your building's management company or landlord. This permission must be received in writing. To get familiar with how to write a sublease agreement, take a look at your current lease to understand the format and language. A typical sublease agreement will include the following:
- Name the parties. Include their full legal name and the original tenant's name, alongside the date.
- Property information. Include the full street address of the property. Disclose if you are subletting a whole property, or just a room.
- The term of the sublease. Outline when the sublease starts and when it is expected to end.
- Rental rate. Note the specific rent rate amount, when it must be paid by and who it is paid to.
- Responsibilities. Outline any additional fees like utilities, rules regarding smoking or pets or any other general agreements the subtenant should be aware of.
- Sign and date by both parties.
Where to get free legal documents and templates like a sublease agreement
If you don't have experience writing a legal document like a sublease agreement, a template can be a cost effective way to help make the process easy. Templates can be downloaded, customised and used; or just used as inspiration for your own agreement.
- Lawpath. Lawpath is a website dedicated to providing small businesses and entrepreneurs with legal documents. Users are welcome to browse free samples on its website but must sign-up to access customisation options.
- LawDepot. LawDepot hosts a collection of free online documents for users to choose from. You can fill them in online before downloading the documents straight to your desktop.
- Legal Zebra. Get access to Legal Zebra's free PDF samples if you sign-up to their marketing emails. To access documents that can be customised, the templates will need to be purchased for a small one-time fee.
- Wonder.Legal. Browse more than 140 legal document templates with Wonder.Legal, all of which can be purchased for a one-time fee. Although many legal documents are completely free to download.
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