A sublease agreement is a contract between a tenant and another person in which the tenant agrees to rent the same property to someone else (subtenant). A sublease's term cannot exceed the original lease's expiration date.
A sublet occurs when one tenant rents out a portion of the entire premises to another tenant. Let's have a look at each step. A tenant enters into a lease agreement with a landlord for a fixed length of time and rental cost. For an agreed-upon rent amount, the tenant rents a portion of the property to a subtenant for a specific length of time within the original lease term. According to the original contract, the subtenant (sublessee) is answerable to the tenant, whereas the tenant is accountable to the landlord. As a result, a sublet agreement is a written contract between a tenant and a subtenant that outlines the lease's terms and conditions.
To begin with, a sublease is a sensible method for renters to earn extra money while alleviating the financial stress of paying rent. Subtenants are often found by renters through personal ties or online. It's tempting to make verbal commitments with individuals you know or who appear trustworthy. However, horror storey after horror storey shows that things may easily turn ugly when subtenants mistreat property and invade the privacy of other residents.
Best practices when using a sublease form
This may seem apparent, but when subletting, this step is frequently purposefully or inadvertently overlooked, laying the groundwork for the next horror storey. Do not allow this to happen to you! The first step is to go over your present rental agreement. Sometimes the landlord or agent will say whether or not subletting is permitted. Regardless of what your lease states, it's worth contacting your landlord to check whether subletting is an option. When making your case, be precise about what space you intend to lease and how long you intend to lease it for. Explain your decision-making process and the measures you'll take to accept accountability. You may also send your sublet agreement form to the landlord to demonstrate your organisation and common sense.
To maximise your chances of a successful subletting experience, behave like a landlord or leasing agency by vetting your candidates. Take a copy of the original leasing advertisement that attracted you to sign the contract and include it in your subletting ad. Be precise about what is included, whether dogs are permitted, and so on. A descriptive advertisement will provide prospective renters with more context to determine whether it is worthwhile to contact you. If you receive a call, have the subtenant investigate the property. Even if you know the subtenant and they've seen the property previously, have them properly inspect it. Seeing the property with the intention of legally inhabiting the place is not the same as going for pleasure. Following the inspection, interview your possible subtenant to assess their employment stability, personal relationships, and track record.
Your advertisement, inspection, and interview would have whittled down your applications by this time. It's now time to deliver your sublease contract. If a subtenant is willing to sign your contract, it's a good indicator that they're serious about making things work. Allow time for your candidates to evaluate the agreement and follow up to see if they have any queries. It's worth noting that these same guidelines apply whether you're employing a business sublease agreement.
This Sublease Agreement (the "Sublease") is made by and between
_____________________________________. (the "Sublessee") and _____________________________________. (the "Sublessor"), also referred to individually as the "Party" and together as the "Parties."
The Sublessor signed a Lease Agreement on _____________________________________. (the "Original Lease") to lease space at a certain location; and
The Sublessor wishes to sublet such area to another party; and
The Sublessee want to rent the space from the Sublessor.
The parties have reached the following agreement:
Premises. The property subject to this Sublease (the "Premises") is located at the following address:
Term. This Sublease has a duration of ____.months commencing on x (the "Effective Date").
Payment & Costs
Rent: The monthly rent is $___. Rent is payable on the ____.th day of each month. Rent can be paid electronically or by sending a cheque to:
_____________________________________. The first rent payment is due on __________________.
Utilities. In addition to rent, the Sublessee is liable for all utilities and other expenditures associated with the Premises.
Deposit. Prior to entering the Premises, the Sublessee will pay the Sublessor a deposit of $___ (the "Deposit") to cover the expense of repairs and cleaning. The Sublessor will reimburse the Deposit if the Premises are returned in the same condition as when the Sublessee moved in, with normal wear and tear excepted. The Sublessor promises to refund the Deposit, or any outstanding balance, within thirty (30) days of the Sublease's termination.
Insurance. The Sublessee is obliged to have renter's insurance that fulfils the minimal levels specified under the Sublessor's Original Lease.
Termination. The Sublease will be terminated automatically on ____. By ____. AM/PM on ______., the Sublessee must evacuate the premises with all of the Sublessee's things.
Assignment. The Parties may not assign their rights and/or duties under this Sublease unless both Parties agree in writing to the assignment.
Resolution of Disputes
Complete Agreement. The Parties recognise and agree that this Sublease constitutes their complete agreement. If the Parties wish to update, add, or otherwise modify any terms, they must do so in writing, which must be signed by both Parties.
Severability. If any part of this Sublease is deemed to be invalid, unlawful, or unenforceable, the remainder of the Sublease will remain in effect. Attachments. The original lease may be seen here. This Sublease incorporates the provisions of the Original Lease. Beginning on the Effective Date of this Sublease and continuing until the date of termination, the Sublessee undertakes to accept the Sublessor's liabilities and responsibilities. The following signatures confirm the Parties' agreement to the terms and conditions set out above:
Sublessee Signed: _____________________________________. Name: _____________________________________. Date: _____________________________________.
Sublessor Signed: _____________________________________. Name: _____________________________________. Date: _____________________________________. Approval from the Landlord
This Sublease is not legal unless the Sublessor's landlord approves it. The landlord consents to the subletting of the Premises based on the provisions of this Sublease agreement by signing below. Signed: _____________________________________. Name: _____________________________________. Date: _____________________________________.