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Free Sublet Lease Agreement

Free Sublease Agreement Template

by stacy

When you, as a tenant, desire to re-lease the rented property to someone else, a sublease agreement can come in helpful (the sublessee or subtenant). This is usually required if you need to vacate your rented property before the end of your initial lease term with the landlord, or if you plan to be gone for an extended period of time. Whatever the case may be, it makes financial sense to sublet the home you have rented rather than having it sit empty.

You function as a middleman between the landlord and the sublessee by signing a sublease contract, while still paying the landlord rent each month.

This post will offer you with the necessary information as a sublessor, as well as a free downloadable sublease agreement template for your personal use.

What is the definition of a Sublease Agreement?

You’ve just landed the ideal job in another city and need to relocate immediately! However, your initial lease is still 8 months old, and breaking it would result in a significant penalty (not to mention the damage it will do to your credit score). It’s also pointless to keep paying rent on an apartment you’re not going to live in. So you decide to sublet it for the balance of your lease term to someone else.

Both the original tenant (sublessor) and the new tenant must sign a sublease agreement to guarantee that the details of the subletting are clear and legally binding. Here are a few key considerations to keep in mind when creating the relevant agreement:

  1. This type of lease can be used on a variety of properties, including condos, flats, townhouses, and even duplexes.
  2. The sublessor can avoid violating the original lease by subletting (or subleasing) the unit.
  3. Because most subletting is forbidden in the lease (‘master lease’) between the tenant and landlord, re-renting the property requires the landlord’s specific consent via a Landlord consent form.
  4. You choose the rent for the sublease (the original tenant). Look for comparable properties on sites like craigslist.com, apartments.com, and zillow.com to get an idea of cost.
  5. The term of the sublease cannot usually exceed the master lease’s expiration date.
  6. The terms and conditions of the original lease apply to the subtenant. In other words, the sub-lessee will be held responsible for late rent, property damage, or eviction.
  7. Include the original lease as well as all required state disclosures in this sublease agreement.

As with other contracts, it’s critical to begin by establishing the deal’s backdrop, including a detailed description of the parties and any associated arrangements. The following information should be included in this section:

Agreement is required.

How to write a Sublease agreement?

Address and description of the property being rented out
The landlord’s (original tenant’s) and tenant’s full names and addresses
Basic information about the original lease
Mention of the premises’ furniture or other equipment
Screenshot taken at 11:07.57 PM on September 11, 2020

Outline the duration of the agreement 

The period of the sublease agreement is one of the most essential elements of the sublease agreement. Typically, leases are for one year, after which the subtenant is not permitted to remain in the property unless the subtenant or landlord has given written permission.

Mention the rent amount and security deposit

The subtenant pays the tenant rent on a monthly basis. This amount, as well as any late fines required if the rent is paid after the due date, must be clearly stated. Also, specify who is in charge of paying the utility bills.

The amount of the security deposit and the circumstances under which it will be repaid are also critical elements to add.

Subtenants can also pay rent directly to the landlord, according to Signeasy. In such circumstances, the clause’s phrasing can be changed accordingly.

Clarify the rights & obligations of the tenant

Will the original renter or the subtenant be liable for any damages, rent arrears, or other breaches of the first lease agreement? Is there any requirement for home insurance for the subtenant?

Is it possible for the subtenant to sublet the property again?

This section of the sublease agreement has the answers to all of these questions and more.

Screenshot taken at 11:02.08 PM on September 11, 2020.

Write a detailed description of the property’s upkeep.
Before handing over the property to the subtenant, make sure you do a house inspection together and fill out an inventory form and checklist. This will serve as confirmation of the property’s physical state/condition before the sub-tenant comes in.

You should also specify how repairs and cleaning will be handled once the leasing agreement has expired.

Signeasy tip: Typically, a language should be inserted requiring the landlord to provide building services and utilities to the sub-tenant, such as plumbing, electricity, water, and cleaning service.

Write in detail about the maintenance of property

Explain how a contract breach should be addressed.
If one party fails to follow the deal, things can get nasty. This component of the sublease agreement might truly help to lessen the uncertainty in such scenarios.

Make careful to explain what conditions can be classified as a breach of contract before moving on to the procedures that must be performed to address the problem.

Screenshot taken at 11:02.39 PM on September 11, 2020.

Consider including measures that protect the subtenant from Landlord or tenant defaults, such as failing to give access to building services and utilities or eviction without cause.

Take down important legalese.
This section contains some commonly used terminology that you’ll see in most contracts, but that doesn’t make it any less relevant. Several points have been clarified:

Explain how breach of contract should be handled

  1. Which state’s laws control the interpretation and execution of this agreement?
  2. What is the greatest amount of damages that both parties are not liable for?
  3. What happens if a few of the agreement’s clauses are found to be invalid?
  4. What changes can be made on topics related to this agreement?

Add a termination clause as a best practise, stating under what circumstances either party may terminate the contract and the penalty that would be imposed.

Screenshot taken at 11:03:23 PM on September 11, 2020

Use eSignatures to make it legally binding.

Do you know of any contracts that don’t require signatures? Unlikely! That is why this part is so important. This part provides space for both the subtenant and the tenant to sign, formalising your arrangement.

If you don’t want to (or can’t) sign the document in person, I propose using an eSignature solution that allows you to sign it remotely. Not only is it simple to sign with (even a fourth-grader could do it), but it also eliminates the need to print, scan, and courier the contract. Additionally, during COVID-19, this contactless method protects signers safe.

If you frequently sublet your property, try downloading this sublease agreement template and saving it to Signeasy. Then you can reuse it as many as you want!

Make note of essential legalese

Is it possible to utilise this template to create a room rental agreement?
You can use this template to rent simply a private room or a portion of the property to a third party. However, there are a few modifications that you should make when renting out simply a room:

  1. Include information on each of the parties who are’sharing’ the space.
  2. Include a floor plan of the sublet space.
  3. Whether the agreement can be carried out on a weekly or monthly basis.
  4. Signeasy tip: Each subtenant’s lease may have distinct exact dates, so make sure to indicate that as well.

A detailed room rental agreement can go a long way toward promoting amicable living between you and your subtenant. You might also add a few behavioural terms to the contract, like:

Make it legally-binding with eSignatures 

  1. Only have house parties.
  2. Establish calm hours.
  3. Determine whether pets are permitted.
  4. Utility and other household expenses should be split.
  5. Set limits for overnight visitors.
  6. Divide maintenance responsibilities (think shovelling driveway, mowing the law etc)

Go ahead and sign your first sublease agreement online for free – just subscribe to Signeasy’s Complimentary Trial today!

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