Sublease Agreement template

Free sublease agreement template

Whether you're subletting your apartment while you're away or taking over someone else’s lease short-term, our free sublease rental agreement helps make it official. Docusign’s free, editable sublease agreement template makes renting to someone mid-lease easy.

Outline the arrangement between the original tenant (sublessor) and the new renter (sublessee). Our sublease is a legally binding agreement that covers the key details of a sublet arrangement - so everyone understands who’s responsible for what - making it ideal for apartment sublets, temporary housing, or room rentals under an existing lease.

Include common sublease terms like monthly rent, move-in and move-out dates, security deposit terms, responsibilities for utilities and damages, and whether the original landlord has given consent. You can tailor the agreement’s details to your situation to avoid any miscommunication between the sublessor and subtenant and reduce risk on both sides.

Open the template in your Docusign account or start a free trial to get started. Once completed, it can be signed electronically, shared securely, and downloaded and printed for your records.

What is a sublease agreement?

A sublease agreement is a legal contract that outlines the terms and conditions of a rental arrangement between an original tenant (sublessor) and a new renter (sublessee). This agreement allows the sublessee to rent all or part of a property that is currently leased by the sublessor, for a specific period within the original lease term. It establishes responsibilities for rent payment, utilities, maintenance, and any potential damages, ensuring clarity and minimizing risks for both parties involved.

Essentially, a sublease agreement is a secondary lease derived from the original lease agreement. It details the arrangement where the sublessor essentially acts as a landlord to the sublessee, while still remaining responsible to the original landlord. This document is important to define all aspects of the sublet, including the duration of the sublease, the amount of rent, the security deposit terms, and any other special conditions agreed upon by the sublessor and sublessee.

What is included in a sublease agreement?

To ensure legal validity across jurisdictions, a sublease agreement template should include the following:

• Consent of the landlord: The original lease agreement should allow subleasing, or the sublessor (original tenant) should obtain written consent from the landlord. This is essential to prevent any violation of the original lease terms.

• Identification of parties: Clearly identify the sublessor (original tenant) and the sublessee (new tenant). Include their full names and contact information.

• Description of property: Provide a clear description of the property being subleased, including the address and any specific areas or rooms included in the sublease.

• Term of sublease: Specify the duration of the sublease, including the start and end dates. Ensure that the sublease term does not exceed the term of the original lease.

• Rent and payment terms: State the amount of rent the sublessee will pay, the due date, and the method of payment. Include any additional costs such as utilities or maintenance fees if applicable.

• Responsibilities and obligations: Outline the sublessor and sublessee's responsibilities, including maintenance of the property, payment of utilities, and adherence to the rules set forth in the original lease.

• Compliance with original lease: The sublease should require the sublessee to comply with the terms of the original lease agreement. Attach or reference the original lease agreement where necessary.

• Security deposit: If applicable, specify the amount of the security deposit, the conditions for its return, and any deductions that may be made.

• Termination conditions: Define the conditions under which the sublease can be terminated, including notice periods and any penalties for early termination.

• Signatures: The agreement should be signed and dated by both the sublessor and sublessee. 

• Governing law: Specify which jurisdiction's laws will govern the sublease agreement, typically the location of the property.

Additional (optional) clauses

While not required, the following terms may enhance a sublease agreement:

• Pet policies

• Parking arrangements

• Restrictions on alterations.

• Dispute Resolution: Include a clause outlining how disputes will be resolved, such as through mediation, arbitration, or litigation.

When do you need a sublease agreement?

A sublease agreement is necessary when a tenant wants to rent out all or part of their leased property to another individual for a portion of their remaining lease term. This situation typically arises when the original tenant needs to temporarily vacate the property, such as for travel or a short-term relocation, but intends to return before their lease expires. By creating a sublease agreement, the original tenant ensures rent continues to be paid and their lease obligations are met while they are away.