A sublease agreement lets a tenant (sublandlord) rent their leased space to a subtenant while remaining fully liable to the landlord under the master lease. Essentials: the landlord's written consent (most leases require it; subletting without it is a lease default), rent and deposit terms between tenant and subtenant (deposit handling follows state law), incorporation of the master lease's rules, and clarity that the subtenant's rights die with the master lease. The original tenant remains on the hook for rent and damage regardless of what the subtenant does.
Sublease Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
A sublease stacks one tenancy on top of another — and the person in the middle carries both. The tenant who subleases remains fully liable to the landlord for...
Part of our free contract template library — 75+ agreements in Word and PDF, ready to customize and sign.
Full template text
SUBLEASE AGREEMENT
This Sublease Agreement ("Sublease") is entered into as of _______, 20 ("Effective Date"), by and between:
Sublessor: ________________________, with a mailing address of ________________________ ("Sublessor");
Sublessee: ________________________, with a mailing address of ________________________ ("Sublessee").
RECITALS
WHEREAS, Sublessor is the tenant under a lease agreement dated _______, 20 (the "Master Lease") with ________________________ ("Landlord") for the property located at ________________________ (the "Premises"); and
WHEREAS, Sublessor desires to sublease [the entire Premises / a portion of the Premises described as: ________________________] to Sublessee, and Sublessee desires to accept such sublease, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
1. Subleased Premises. Sublessor hereby subleases to Sublessee, and Sublessee hereby accepts, [the entire Premises / the following portion of the Premises: ________________________] (the "Subleased Premises"), together with the right to use all common areas and shared facilities as described in the Master Lease.
2. Sublease Term. The term of this Sublease shall commence on ____, 20_ and shall expire on _, 20 ("Sublease Term"). The Sublease Term shall not extend beyond the expiration date of the Master Lease. Upon expiration of the Sublease Term, Sublessee shall vacate the Subleased Premises and return possession to Sublessor.
3. Rent. Sublessee shall pay monthly rent of $ ("Sublease Rent") to Sublessor, due on the __________ day of each month. Sublease Rent shall be paid by [check/electronic transfer/other method] to ____. A late fee of $ shall apply if Sublease Rent is not received within __________ days of the due date.
4. Security Deposit. Upon execution of this Sublease, Sublessee shall pay a security deposit of $ to Sublessor. The deposit shall be held by Sublessor and may be applied to cover unpaid rent, damages beyond normal wear and tear, or cleaning costs. Sublessor shall return the remaining balance within __________ days after Sublessee vacates the Subleased Premises, accompanied by an itemized statement of deductions.
5. Utilities and Expenses. The following utilities and expenses shall be the responsibility of Sublessee: ________________________. The following utilities and expenses shall remain the responsibility of Sublessor: ________________________. Sublessee shall arrange for and maintain all utility services for which Sublessee is responsible throughout the Sublease Term.
6. Landlord Consent. This Sublease is contingent upon the written consent of Landlord. Sublessor represents that Landlord's written consent has been obtained prior to the execution of this Sublease, a copy of which is attached hereto as Exhibit A. If Landlord's consent has not been obtained, this Sublease shall be void and any deposits paid by Sublessee shall be returned in full.
7. Compliance with Master Lease. Sublessee shall comply with all terms and conditions of the Master Lease that are applicable to the use and occupancy of the Subleased Premises. Sublessor shall provide Sublessee with a copy of the Master Lease or its relevant provisions. Any violation of the Master Lease by Sublessee shall constitute a breach of this Sublease.
8. Condition of Premises. Sublessor and Sublessee shall jointly inspect the Subleased Premises before the commencement of the Sublease Term and complete a move-in condition checklist. Sublessee accepts the Subleased Premises in their current condition, subject to the documented checklist. Sublessee shall return the Subleased Premises in the same condition, reasonable wear and tear excepted.
9. Maintenance and Repairs. Sublessee shall maintain the Subleased Premises in clean and good condition throughout the Sublease Term. Sublessee shall promptly notify Sublessor of any needed repairs, and Sublessor shall coordinate with Landlord for maintenance as required under the Master Lease. Sublessee shall be responsible for the cost of repairs resulting from Sublessee's negligence or misuse.
10. Insurance. Sublessee is encouraged to obtain renter's insurance covering personal property and liability for the duration of the Sublease Term. Sublessor's insurance, if any, does not cover Sublessee's personal property or liability.
11. Assignment and Further Subletting. Sublessee shall not assign this Sublease or further sublet the Subleased Premises without the prior written consent of both Sublessor and Landlord.
12. Default and Remedies. If Sublessee fails to pay Sublease Rent or breaches any provision of this Sublease, Sublessor shall provide written notice specifying the default and a cure period of __________ days. If the default is not cured, Sublessor may terminate this Sublease and pursue all remedies available under applicable law. If Sublessor defaults on the Master Lease and causes the Sublease to be terminated, Sublessor shall refund the unused portion of the security deposit and any prepaid rent to Sublessee.
13. Termination. This Sublease shall terminate automatically upon the expiration of the Sublease Term. Either Party may terminate this Sublease early for material breach as described in Section 12. If the Master Lease is terminated for any reason, this Sublease shall terminate concurrently.
14. Governing Law. This Sublease shall be governed by and construed in accordance with the laws of the State of __________. Any disputes arising under this Sublease shall be resolved in the courts of __________ County.
15. Entire Agreement. This Sublease, together with the Master Lease and any attached exhibits, constitutes the entire agreement between the Parties regarding the sublease of the Subleased Premises. No modification of this Sublease shall be effective unless made in writing and signed by both Parties.
16. Signatures.
Sublessor: ________________________ Date: __________
Sublessee: ________________________ Date: __________
Landlord Acknowledgment (if required):
Landlord: ________________________ Date: __________
- Landlord consent
- Written, almost always required
- Tenant's liability
- Unchanged — full, to the landlord
- Deposit rules
- State deposit law applies to the tenant
- Subtenant's rights
- End with the master lease
What your sublease agreement should cover
Landlord consent, obtained first
Most leases require written consent to sublet, and subletting without it is a default that can end the master lease — taking the sublease down with it. Get the consent in writing and attach it. Some cities (New York among them) give tenants statutory sublet rights the landlord can't unreasonably refuse; most places don't.
Master lease incorporated
The subtenant agrees to comply with the master lease's terms (attached as an exhibit, redacted of the tenant's financials if desired). The subtenant can't follow rules they haven't seen — and the tenant eats the violations either way.
Premises and term
The whole unit or a specified room with shared areas defined, and a term that ends before the master lease does — a sublease can't lawfully outlast the lease it hangs from. Dates stated; holdover terms included.
Rent, payable to the tenant
Amount, due date, late fees, and method — paid to the tenant (who pays the landlord per the master lease), unless the landlord agrees to direct payment. Note that some leases and cities restrict charging the subtenant more than the proportional rent.
Security deposit under state law
The tenant holding a subtenant's deposit becomes a deposit-holder under state law: caps, storage rules, itemized deductions, and return deadlines (14–45 days) all apply. A move-in condition report with photos protects both — especially the tenant, who answers to the landlord for the same walls.
Utilities and services
Which utilities the sub-rent includes, which transfer or get split, and how shared-house splits are calculated. Internet account ownership is a small clause that prevents a recurring argument.
Continuing liability, acknowledged
The sublease changes nothing upstream: the tenant remains liable to the landlord for rent, damage, and conduct. The subtenant indemnifies the tenant for what the subtenant causes — which is the tenant's only recourse when the landlord deducts from the tenant's deposit.
Condition, alterations, and rules
Move-in condition documented; no alterations; building and HOA rules flowing down; occupancy limited to named subtenants. Whatever the master lease prohibits, the sublease prohibits.
Default and termination
The tenant's remedies against a defaulting subtenant track state eviction law — a subtenant is a tenant for process purposes, and self-help lockouts are as illegal in a sublease as anywhere. The clause also covers early-exit terms and what happens if the master lease ends.
Insurance
The subtenant carries renter's insurance (the tenant's policy doesn't cover the subtenant's belongings or liability), with the tenant named as interested party where the insurer allows.
Typical sublease terms (U.S., 2026)
| Item | Standard practice | Notes |
|---|---|---|
| Landlord consent | Written, before signing | Lease default without it |
| Sublease term | Ends before master lease | Cannot outlast it |
| Security deposit | ≤ state cap | State return deadlines apply |
| Deposit return | 14 – 45 days | Itemized, per state law |
| Renter's insurance | Required of subtenant | Tenant's policy won't cover them |
| Rent premium limits | Vary by city/lease | NYC restricts overcharging |
| Eviction process | State law governs | No self-help, ever |
Sublet rights vary sharply by state, city, and lease — some jurisdictions grant statutory sublet rights, others let leases ban subletting outright, and short-term-rental ordinances add another layer. Read the master lease first, always.
How sublease agreements work in practice
The semester away / temporary relocation
The classic sublease: a tenant leaves for months (internship, semester, travel) and subleases the furnished unit, intending to return. The structure that works: landlord consent in writing, a fixed sub-term ending before the master lease, a furniture inventory with photos attached to the condition report, the deposit sized to the furnishings risk, and utilities staying in the tenant's name with reimbursement built into the sub-rent. The tenant's mail, renter's insurance, and the right to re-enter on notice round out the practical terms.
The roommate-replacement sublease
One roommate leaves mid-lease and a subtenant takes their room. Two paths with very different risk: a sublease (the departing tenant stays on the lease, remains liable, and collects from their subtenant) or a lease assignment/amendment (the landlord swaps the tenants, releasing the one who left). The sublease is faster; the assignment is cleaner — a departing roommate who subleases is betting their credit on a stranger's behavior for the rest of the term. When the landlord offers the amendment path, take it.
When the master lease ends early
The sublease's structural weakness: if the master lease terminates — the tenant defaults, the landlord and tenant agree to end it, the building sells — the subtenant's rights generally end with it, regardless of the sublease's remaining term. The agreement should be honest about this: a representation that the master lease is in good standing, a covenant that the tenant won't voluntarily terminate or default, and a damages path for the subtenant if the tenant's own breach collapses the arrangement. Subtenants with long terms and real stakes should seek a recognition/non-disturbance arrangement with the landlord — rare residentially, standard commercially.
Mistakes that weaken a sublease agreement
Subletting without consent
An unauthorized sublease is a master-lease default: the landlord can terminate, evict everyone, and pursue the tenant — and the subtenant's payments don't cure it. The consent email costs nothing; its absence can cost the tenancy.
Skipping the master-lease exhibit
The subtenant is bound by rules they've never seen — and the tenant answers for every violation. Attach the lease (financial terms redacted if preferred) and have the subtenant acknowledge it.
Treating the deposit casually
The tenant who pockets a subtenant's deposit and 'sorts it out later' is violating the same deposit statutes landlords get sued under — caps, deadlines, and itemization apply to sublandlords too.
No condition report between tenant and subtenant
When the landlord deducts from the tenant's deposit at lease end, the tenant's only path to the responsible subtenant runs through the move-in/move-out documentation. No photos, no recourse.
Assuming the subtenant survives the lease
Subtenants planning around a term that outruns the master lease are building on air. Verify the master lease's end date and good standing before signing — and tie the sub-term inside it.
How to use this template
- 01
Read the master lease's sublet clause, then obtain the landlord's written consent.
- 02
Download the sublease agreement template in Word or PDF.
- 03
Define the premises, the sub-term (ending before the master lease), rent, and deposit within state rules.
- 04
Attach the master lease as an exhibit and the move-in condition report with photos.
- 05
Set utilities, insurance, house rules, and the indemnity for subtenant-caused damage.
- 06
All three interests aligned — landlord consent, tenant, subtenant — sign and exchange copies.
Skip this template if…
- Short-term rental hosting — nightly Airbnb-style rentals violate most leases and many city ordinances; this is not that instrument.
- Adding a roommate to the lease — a lease amendment with the landlord puts everyone on the same document with the same rights.
FAQs
What is a sublease agreement?
A contract where a tenant rents out all or part of their leased space to a subtenant for some or all of the remaining term. The tenant becomes a 'sublandlord' — collecting rent and holding the deposit — while remaining fully liable to the landlord under the original (master) lease.
Do I need my landlord's permission to sublet?
Almost always — most leases require written consent, and subletting without it is a default that can end the lease for everyone. A few jurisdictions (notably New York for buildings of four-plus units) give tenants statutory sublet rights the landlord can't unreasonably deny, but the safe sequence everywhere is consent first, sublease second.
Who is responsible if the subtenant damages the apartment?
To the landlord: the original tenant, fully — the sublease doesn't move that liability. The tenant's recourse against the subtenant runs through the sublease's indemnity clause, the subtenant's deposit, and the move-in/move-out condition reports that prove who caused what.
What happens to the subtenant if the master lease ends?
The subtenant's rights generally end with it — a sublease can't outlast the lease it depends on. Good subleases include the tenant's representation that the master lease is in good standing and a covenant not to voluntarily terminate; subtenants with significant stakes can seek recognition agreements from the landlord, though these are rare in residential settings.
Can I charge my subtenant more than my rent?
Often yes for furnished units or short terms — but check both the lease and local law: New York limits sublet surcharges (10% for furnished), and rent-regulated units have strict rules. Charging a modest premium for furniture and utilities is the common, defensible pattern where it's allowed.
What's the difference between subletting and assigning a lease?
A sublease keeps the original tenant on the lease and liable, with the subtenant paying the tenant. An assignment transfers the lease itself to the new tenant — with the landlord's consent and ideally a release — taking the original tenant off the hook. For permanent departures, assignment is the cleaner instrument when the landlord will allow it.
Need more than a template?
Create, send, and e-sign contracts with Agiled — alongside your CRM, invoicing, and projects.
Start free with Agiled