How To Make a Sublease Agreement: Free Template

By Jordan Walker, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last updated September 29, 2026

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Key Takeaways

A sublease agreement is a written contract that allows a current tenant to rent all or part of a home to another person, called a subtenant. Before creating a sublease agreement, the original tenant should review their lease, obtain the landlord’s written approval if required, and clearly state the rent, sublease dates, security deposit, utilities, property rules, and each person’s responsibilities. The original tenant generally remains responsible to the landlord under the original lease. This can include responsibility for rent, damage, and lease violations, even if the subtenant causes the problem.

What To Expect in This Article

In this article, we explain when sublease agreements are used, the information you need to include, and how to write your own.

Before you sign anything, check the master lease and local rental laws. Many leases require the landlord’s written permission before a tenant can sublet, and subleasing without required approval can put the original tenant at risk of lease violations or eviction.

For more information about rental rights and responsibilities, review FindLaw’s landlord-tenant law overview.

Jump to Sublease Agreement Template

What Is a Sublease Agreement?

A sublease agreement, also called a sublet agreement, is a written contract that lets a current tenant rent all or part of their rental home to another person. A clear agreement can help protect both people, set expectations about rent and rules, and reduce the risk of disputes. The agreement typically involves the following parties:

Sublessor: The current tenant named in the original lease.
Sublessee or subtenant: The person moving in and paying rent under the sublease.
Landlord: The property owner or manager, who may need to approve the arrangement.

The original tenant does not disappear from the original lease just because they sublet. In most situations, the original tenant remains responsible to the landlord for rent, damage, lease violations, and other obligations under the main lease. The subtenant is usually responsible to the original tenant under the sublease agreement. If you’re renting a property directly to a tenant, not subletting a home you already rent, you may need to make a residential lease agreement instead.

Subleasing is different from reletting. With a sublease, the original tenant typically remains responsible under the original lease. With reletting, the landlord generally enters into a new lease with a replacement tenant. Learn more about the difference between subleasing and reletting.

For example, if you rent an apartment through December but need to move away from June through August, you may sublet the apartment to another person. They pay you rent under the sublease. However, you may still be responsible if they fail to pay rent or break the original lease rules.

Check These Things First

Do not use a sublease agreement until you have reviewed the original lease. Also, make sure your sublease doesn’t contradict any terms in the main lease.

1. Read the Original Lease

Check your original lease for sections about:

Subletting
Assignment
Occupancy
Landlord consent
Additional occupants
Early termination

Confirm if your lease has specific subleasing rules like:

Subleasing without additional permission
Subleasing only with the landlord’s written consent
Prohibiting subleasing
Requiring the tenant to use the landlord’s application, screening process, or approved form

A sublease generally cannot extend beyond the original lease term. It should also follow the original lease’s rules about pets, smoking, parking, maintenance, guests, insurance, property use, and other requirements.

2. Get Written Landlord Approval

If the lease requires landlord approval, get it in writing before the subtenant moves in. Getting approval verbally may cause issues later if you need to prove landlord consent.

Some states and cities have their own rules about whether a landlord may deny a sublease request and when a landlord must respond. Understanding landlord rights in a sublease can help both tenants and property owners follow the lease and local law. Because these rules vary, speak with a local landlord-tenant attorney or legal aid organization if the landlord denies permission or does not respond.

3. Check Out the Subtenant

Make sure the subtenant can afford the rental because the original tenant may still be financially responsible for the subleased premises. Consider checking:

Government-issued photo identification
Proof of income or employment
Rental references
Permission for a credit or background check, if lawful in your state and handled properly
Emergency contact information

Be consistent when screening potential subtenants under fair housing laws. Don’t make housing decisions based on race, color, national origin, religion, sex, familial status, disability, or another category protected by federal, state, or local law.

4. Document the Rental’s Condition

Before move-in, complete a move-in condition checklist with photos or video and note any existing damage, stains, appliance problems, missing items, and the condition of each room. Consider having the sublessor and subtenant sign and date the checklist. This can help make security-deposit disputes much easier to resolve when the sublease ends. Also, remember that the original tenant‘s obligations concerning the landlord’s security deposit are separate from the sublessor‘s obligations to the subtenant.

What to Include in a Sublease Agreement

A residential sublease agreement should clearly state any major terms of the sublease. Common terms found in a sublease include:

Names and Contact Information. Full legal names, phone numbers, email addresses, and mailing address for the sublessor and subtenant.
Rental Property Description. The full address, unit number, rooms, parking spaces, storage areas, furniture, or shared spaces included.
Original Lease. The date of the original lease, landlord’s name, and a statement that the subtenant is required to follow the original lease agreement.
Term of the Sublease. The start and end dates of the sublease agreement (no longer than original lease term).
Rent Payment. The monthly rent amount, due date, acceptable methods of payment, and late fees.
Security Deposit Rules. The amount, how it will be held, reason for deductions, and the process and date for return.
Utilities. Who pays for electricity, water, gas, internet, trash, renter’s insurance (if any), and other expenses.
Repairs and Damage. Who is responsible for reporting maintenance issues and paying for damage beyond normal wear and tear.
Early Termination. Any notice requirements, acceptable reasons to end the sublease early, and consequences.
Governing Law.
Landlord Consent. If required in original lease, a copy of landlord’s written approval or a section for landlord consent.
Signatures. Both the sublessor and the subtenant should sign and date.

Sublease Agreement Template

You can use the following sublease agreement template as a starting point to create your own. Make sure you review the laws where the property is located to confirm your sublease meets any local requirements.

You Can Use the Following Sublease Agreement Template as a Guide:

RESIDENTIAL SUBLEASE AGREEMENT

This Residential Sublease Agreement (“Agreement”) is made on [DATE] by and between:

Sublessor / Original Tenant:
Name: [FULL LEGAL NAME]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
Current mailing address: [MAILING ADDRESS]

and

Sublessee / Subtenant:
Name: [FULL LEGAL NAME]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
Current mailing address: [MAILING ADDRESS]

1. Rental Property

The Sublessor agrees to sublease the following property to the Sublessee:

Property address:
[STREET ADDRESS, UNIT NUMBER, CITY, STATE, ZIP CODE]

The sublease includes the following areas, furniture, appliances, parking spaces, storage areas, or other items: [DESCRIBE WHAT IS INCLUDED]

The Sublessee may use the property only as a private residence unless the original lease and landlord provide written permission for another use.

2. Original Lease and Landlord

The Sublessor rents the property under an original lease agreement dated [DATE OF ORIGINAL LEASE] with:

Landlord or property manager: [NAME]
Landlord contact information: [PHONE AND EMAIL]

This Agreement is subject to the original lease. The Sublessee agrees to follow all terms of the original lease, building rules, community rules, and written landlord policies.

A copy of the original lease is attached as Exhibit A.

3. Landlord Consent

Check one:

☐ The original lease allows this sublease without additional landlord approval.

☐ The landlord has given written approval for this sublease. A copy of the approval is attached as Exhibit B.

☐ Landlord approval is required but has not yet been received. The Sublessee may not move into the property unless and until written landlord approval is received.

4. Sublease Term

The sublease begins on [START DATE] at [TIME].

The sublease ends on [END DATE] at [TIME].

The Sublessee must move out by the end of the sublease term unless the parties sign a written extension and the extension is allowed under the original lease.

5. Rent

The Sublessee will pay rent of $[AMOUNT] per month. Rent is due on the [DAY] day of each month. Rent must be paid to: [NAME AND PAYMENT DETAILS]

Rent must be paid by:
☐ Check
☐ Electronic transfer
☐ Payment app: [NAME]
☐ Other: [DESCRIBE]

If allowed by applicable law, a late fee of $[AMOUNT] may be charged if rent is not received by [DATE OR NUMBER OF DAYS].

6. Security Deposit

The Sublessee will pay a security deposit of $[AMOUNT] by [DATE]. The security deposit may be used for unpaid rent, damage beyond normal wear and tear, missing property, cleaning allowed by law, or other lawful charges.

The Sublessor will provide an itemized statement of any deductions and return any remaining deposit within the time required by applicable law after the Sublessee moves out and provides a forwarding address.

7. Utilities and Other Costs

The parties agree that the following costs will be paid as listed below:

Expense

Paid by

Electricity