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A sublease agreement is a contract between a tenant and a subtenant. The tenant, called the sublessor, rents all or part of the home while staying on the original lease. This free template covers parties, rent, term, deposit and the landlord's consent, in PDF.
A sublease suits a tenant who moves out before the lease agreement ends, takes in a relative or wants help with the rent. Download the PDF or create the document online, then follow the steps below.
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A sublease agreement is a second rental contract under an existing lease: the tenant who signed the prime lease rents some or all of the space to a subtenant and acts as that subtenant's landlord.
The prime lease stays in place between the property owner and the tenant. The subtenant does not sign that lease, so the sublessor copies its key rules into the sublease. That way both contracts point the same way on rent, pets, parking and use of the home.
These are the terms you will meet in the template:
The Consent to Sublease Form is a separate document a tenant uses to ask the landlord for permission to sublet the home or part of it.
A sublease and a lease assignment differ in who stays tied to the landlord: in a sublease the tenant keeps the Prime Lease and rents to a subtenant, while in an assignment the tenant hands the lease itself to someone else.
After a sublease, the subtenant deals with the sublessor, and the sublessor still deals with the landlord. If you plan to leave for good, ask the landlord whether you would stay liable on the lease after an assignment, and whether a new lease or a written release fits better than a sublease.
A sublease agreement fits when a tenant has unused space, has to leave before the lease ends, needs help with the rent or wants a relative to move in under clear terms.
Weigh the extra income against the work: you screen the subtenant, collect the rent and answer to the landlord for the whole home.
A sublease is the wrong document when what you need is the landlord's permission, a fresh lease with the owner, or a full handover of your lease to someone new.
To sublease an apartment, read your Prime Lease, get the landlord's approval, set the rent, prepare the space, find a subtenant and then sign a written sublease agreement. Work through the steps in order and keep every paper together.
Make a copy of your original lease and mark every clause on subletting, guests, pets, parking and deposits. The sublease repeats these points, so marking them first keeps anything from being missed. Show the copy to the subtenant if they ask to see it.
Look for a clause on subletting in the Prime Lease. If it says nothing, ask the landlord anyway and get the answer in writing, either on the consent block at the end of the template or on a separate consent form. Check the rules table further down this page before you sign.
Measure the floor space you are renting out in square feet. Divide your own rent by the total square feet of the home and multiply by the subtenant's share to get a starting figure. Shared rooms such as the kitchen and bathroom can add to it.
Clean the room, fix what is broken and take clear photos. A space in good condition draws more replies from people looking for a sublet.
List the space online or in a local newspaper with the rent, the dates and the photos. Meet the people who reply, and check references and a past landlord's contact before you choose.
Agree on the terms with your subtenant, then put them into the free sublease agreement template on this page. The PDF is editable, so you can change entries while you negotiate.
The FormsPal sublease agreement template is a simple PDF for one sublessor and one subtenant, with blanks for the parties, the Prime Lease, the rent and the deposit, plus a block for the landlord's consent.
These are the parts of the document you fill in:
| Document Name | Sublease Agreement Form |
| Other Names | Sublease Contract, Subletting Contract |
| Avg. Time to Fill Out | 9 minutes |
| # of Fillable Fields | 33 |
| Available Formats | Adobe PDF |
To fill out the sublease agreement, work through the template from the opening paragraph to the landlord's consent block, entering the parties, the Prime Lease details, the term, the rent, the utilities and the deposit.
Download the PDF with the link near the top of the page and open it in a PDF reader or the FormsPal PDF editor.
The screenshots under each step show the FormsPal Sublease Agreement template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Have these details ready before you start:
Step 1: Opening paragraph
In the first paragraph of page 1, enter the Effective Date, the full legal name of the Sublessor and the full legal name of the Subtenant. The Sublessor is the tenant who holds the Prime Lease.
Step 2: Recitals
Under Recitals, enter the Landlord’s name, the date of the Prime Lease and the address of the Property, which you can copy from the original lease. Then write the Unit number the Subtenant will sublease.
Step 3: Section 1: pets
Initial one box under the pets line. Choose pets permitted and write the conditions on the blank, or choose pets prohibited. Match the choice to what the Prime Lease allows.
Step 4: Section 1: parking
Initial one box under the parking line. Either describe the parking included on the blank, or choose the box that says parking is not included.
Step 5: Section 1: furniture and the start of Section 2
Initial the furnished or unfurnished box. Then enter the Sublease Commencement Date at the start of Section 2, which is the day the Subtenant can move in.
Step 6: Section 2: Term
Initial one box: month-to-month until the Prime Lease ends, or a fixed term with its length written on the blank. Pick an end date no later than the end of your Prime Lease.
Step 7: Section 3: Rent
Enter the monthly rent in dollars, for example $200.00. Then enter the day of the month rent is due, such as the 5th.
Step 8: Section 3: utilities
Initial one box. Choose utilities included in the Rent, a fixed monthly utilities amount (write the dollars on the blank), or the Subtenant’s fair and proportionate share.
Step 9: Section 3: security deposit amount
If the Sublessor holds a security deposit, initial the first box and write the deposit amount on the blank. Compare the amount with the deposit caps in the table further down this page first.
Step 10: Section 3: no security deposit
If there is no deposit, initial this second box instead of the deposit box above and leave the amount blank.
Step 11: Signature block: Sublessor
On page 4, the Sublessor signs on the By line and prints their name on the Name line.
Step 12: Signature block: Subtenant
The Subtenant signs on the By line below and prints their name on the Name line.
Step 13: Consent of Landlord under Prime Lease
Enter the Prime Lease date and the date the landlord gave consent. Then add the Landlord’s name, and have the landlord sign on the By line and fill in the Name and Title lines.
A sublease agreement example shows how the finished entries read together, from the parties to the deposit. Every name, date and amount below is made up for illustration.
Example only, not a real agreement:
To sign and use the sublease agreement, review the standard terms, agree on how rent is paid, sign every page, get the landlord's consent, attach any riders and give each party a signed copy.
Sections 4 to 11 are all standard provisions in residential leases. The sublessor and the subtenant should both read them before signing, and talk to a lawyer before changing any of them.
Choose a method that suits both sides, such as a bank transfer or post-dated checks. Rent usually goes to the sublessor, who then pays the landlord under the Prime Lease.
Once both sides accept the terms, the sublessor and the subtenant sign and initial each page. The signature lines for the Sublessor and the Subtenant are on page 4 of the template.
The last page of the template holds the landlord's consent, with lines for the Prime Lease date, the consent date and the landlord's signature. Ask for it even when the Prime Lease says nothing about subletting, so the landlord knows who lives in the home.
Since the sublessor and the subtenant often share the home, both can attach extra pages where they apply:
Federal law has a seller or lessor of target housing give the purchaser or lessee a lead hazard information pamphlet and discloses any known lead-based paint or lead-based paint hazards (42 U.S.C. § 4852d). Target housing is any housing built before 1978, except housing for the elderly or persons with disabilities and any 0-bedroom dwelling, unless a child under 6 years of age lives or is expected to live there (42 U.S.C. § 4851b).
Three statutes in our sources speak of subleases or of transferring part of a lease: Okla. Stat. tit. 41, § 10, Va. Code Ann. § 55.1-1226 and W. Va. Code § 37-6A-2. Rules on written leases and deposit caps also shape what a sublease agreement says. For a California or New York home, see the California sublease agreement or the New York sublease agreement.
| Place | Rule | Citation |
|---|---|---|
| Oklahoma | A tenant for a term not exceeding two years, or at will, or by sufferance, may not assign or transfer the term or interest, or any part of it, without the written assent of the landlord or person holding under the landlord. | Okla. Stat. tit. 41, § 10 |
| Virginia | If the tenant has an assignee or sublessee, the landlord may hold a security deposit from only one party. | Va. Code Ann. § 55.1-1226 |
| West Virginia | If the tenant has an assignee or sublessee, the landlord may hold a security deposit from only one party. | W. Va. Code § 37-6A-2 |
| Massachusetts | No estate or interest in land is assigned, granted or surrendered except by a signed writing or by operation of law. | Mass. Gen. Laws ch. 183, § 3 |
The table lists the rules on written leases in our sources, each with its citation. They speak of leases in general, and our sources hold no ruling on how each one applies to a sublease.
| Place | Rule | Citation |
|---|---|---|
| Colorado | A contract for leasing for longer than one year is void unless it, or a note or memorandum of it expressing the consideration, is in writing and signed by the party making the lease. | Colo. Rev. Stat. § 38-10-108 |
| Illinois | No action may be brought on a contract for an interest in land for a longer term than one year unless the contract, or a memorandum or note of it, is in writing. | 740 ILCS 80/2 |
| Maryland | A landlord who offers 5 or more dwelling units for rent in Maryland may not rent a residential dwelling unit without using a written lease. | Md. Code, Real Prop. § 8-208 |
| Massachusetts | An estate or interest in land created without a writing signed by the grantor or the grantor's attorney has the force and effect of an estate at will only. | Mass. Gen. Laws ch. 183, § 3 |
| Nevada | A written agreement for the use and occupancy of a dwelling unit must be signed by the landlord or the landlord's agent and the tenant or the tenant's agent. | Nev. Rev. Stat. § 118A.200 |
| New Mexico | The owner must provide a written rental agreement to each resident before occupancy begins. | N.M. Stat. Ann. § 47-8-20 |
| Oregon | An agreement for leasing for longer than one year is void unless it, or a note or memorandum of it expressing the consideration, is in writing and subscribed by the party to be charged or that party's authorized agent. | Or. Rev. Stat. § 41.580 |
| South Dakota | An agreement to lease real property for longer than one year is not valid unless it, or a note or memorandum of it, is in writing and signed by the lessor or the lessor's agent authorized in writing. | S.D. Codified Laws § 43-32-5 |
A sublessor who takes a deposit can compare the amount with the caps below, which these statutes set for a landlord. A place missing from the table has no deposit cap in our sources; that does not mean it has none.
| Place | Deposit cap and its conditions | Citation |
|---|---|---|
| Alabama | One month's periodic rent as security for the tenant's obligations under a rental agreement, except for pets, changes to the premises, or increased liability risks to the landlord or premises. | Ala. Code § 35-9A-201 |
| Alaska | Two months' periodic rent, for prepaid rent or a security deposit; the section does not apply to rental units where the rent exceeds $2,000 a month. | Alaska Stat. § 34.03.070 |
| Arizona | One and one-half month's rent. | Ariz. Rev. Stat. § 33-1321 |
| Arkansas | Two months' periodic rent (Ark. Code Ann. § 18-16-304), except that the subchapter does not apply to dwelling units owned by an individual if the individual, his or her spouse and minor children, and any entities formed to rent dwelling units of which they are officers, owners or majority shareholders own, or collectively own, five or fewer dwelling units (Ark. Code Ann. § 18-16-303). | Ark. Code Ann. § 18-16-304; Ark. Code Ann. § 18-16-303 |
| California | One month's rent, in addition to any rent for the first month paid on or before initial occupancy; two months' rent, in addition to that first month's rent, if the landlord meets both of the section's small landlord requirements. The section sets further rules not shown here. | Cal. Civ. Code § 1950.5 |
| Colorado | Two monthly rent payments under the rental agreement. | Colo. Rev. Stat. § 38-12-102.5 |
| Connecticut | Two months' rent for a tenant under sixty-two years of age; one month's rent for a tenant sixty-two years of age or older. | Conn. Gen. Stat. § 47a-21 |
| Delaware | 1 month's rent where the rental agreement is for 1 year or more; furnished units are not capped. | 25 Del. C. § 5514 |
| Hawaii | One month's rent, plus a pet deposit of no more than one month's rent for a pet allowed under the rental agreement. | Haw. Rev. Stat. § 521-44 |
| Iowa | Two months' rent. | Iowa Code § 562A.12 |
| Kansas | One month's periodic rent for an unfurnished dwelling unit; 1½ months' rent if the rental agreement provides for the tenant to use furniture owned by the landlord; plus an additional deposit of up to ½ of one month's rent if the rental agreement permits pets. | Kan. Stat. Ann. § 58-2550 |
| Maine | The rent for 2 months. | Me. Rev. Stat. tit. 14, § 6032 |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. | Md. Code, Real Prop. § 8-203 |
| Massachusetts | The first month's rent, provided that the deposit is held as the section requires and the tenant is given the statement of condition. | Mass. Gen. Laws ch. 186, § 15B |
| Michigan | 1 1/2 months' rent. | Mich. Comp. Laws § 554.602 |
| Missouri | Two months' rent. | Mo. Rev. Stat. § 535.300 |
| Nebraska | One month's periodic rent for security other than a pet deposit of up to one quarter of one month's periodic rent, except that the cap does not apply to housing agencies organized under the state housing agency act. | Neb. Rev. Stat. § 76-1416 |
| Nevada | 3 months' periodic rent. | Nev. Rev. Stat. § 118A.242 |
| New Hampshire | One month's rent or $100, whichever is greater. | N.H. Rev. Stat. Ann. § 540-A:6 |
| New Jersey | 1 1/2 times one month's rent under the contract, lease or agreement. | N.J.S.A. 46:8-21.2 |
| New Mexico | One month's rent, under a rental agreement of less than one year. | N.M. Stat. Ann. § 47-8-18 |
| New York | One month's rent, only for a dwelling unit that is neither a seasonal use unit nor an owner occupied cooperative apartment, unless the section provides otherwise for those units. | N.Y. Gen. Oblig. Law § 7-108 |
| North Dakota | One month's rent for a tenant other than an individual convicted of a felony offence, except that a lessor may accept up to two months' rent from such an individual as an incentive to rent. | N.D.C.C. § 47-16-07.1 |
| Pennsylvania | Two months' rent, during the first year of any lease. | 68 P.S. § 250.511a |
| Rhode Island | One month's periodic rent. | R.I. Gen. Laws § 34-18-19 |
| South Dakota | One month's rent; a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises. | S.D. Codified Laws § 43-32-6.1 |
| Virginia | Two months' periodic rent. | Va. Code Ann. § 55.1-1226 |
Short answers to the questions people ask most about subleasing. For anything specific to your own lease, check with your landlord or a lawyer before you sign.
Check your Prime Lease: if it bars subletting or asks for the landlord's consent, get that consent in writing before you sublet. In Oklahoma, a tenant for a term not exceeding two years, or at will, or by sufferance, may not assign or transfer the term or interest, or any part of it, without the written assent of the landlord (Okla. Stat. tit. 41, § 10).
Put it in writing even where an oral deal is allowed, because a signed agreement shows the rent, the term and the deposit if a dispute comes up. The written lease table above lists the rules on written leases in our sources.
The sublessor stays responsible to the landlord under the Prime Lease, so rent a subtenant misses is the sublessor's to cover and then collect. Screen the subtenant, take a deposit within the caps above and keep the signed agreement to support a claim.
Set the sublease to end no later than the Prime Lease, because the sublessor's own right to the home comes from that lease. The template's month-to-month option already ends when the Prime Lease ends.
A fixed-term sublease runs to its end date unless something ends it sooner: an early termination clause in the agreement, a written release both sides sign, or the end of the Prime Lease it depends on, for example when the landlord ends that lease for the sublessor's default. A serious breach by either side can also end it, and the rules for that depend on where the home is, so check them before you act. A month-to-month sublease ends when one side gives written notice, and the notice period depends on where the home is, so check it before you send the notice. Section 2 (Lease Term) of the template shows which kind of term you chose.
This page offers the template as an Adobe PDF with fillable fields, and the builder at the top creates the document online. Click each field to type your answers, then print the pages so the sublessor and the subtenant can sign.
General information, not legal or tax advice.
