A sublease is an additional contract to an existing lease agreement. It basically gives the tenant a leeway to lease out whole or portions of the rented property to a third party. This is often referred to as a sub-tenant. Notwithstanding this lease, the subtenant is still governed by the terms and conditions that are spelled out in the original lease agreement.
It is mainly used in the event that excess capacity exists, or the present tenant is not presently occupying the piece of real estate. Some landlords may also give their tenants the leeway to make money off of their premises on condition that they abide by the stated rules and regulations.
Landlord Sublease Consent Form
The rules that govern the sub-lease of a piece of real estate to a third party are all captured in the landlord sub-lease consent form. This form spells out the way in which the property concerned shall be given out to a third party.
It also states categorically that the original tenant bears the full responsibility for any damages that arise in the period of occupancy of the said piece of property. These include non-payment of rent, property damages, and any other liabilities that may arise during the use of the property.
Sublease Agreements (by State)
Sublease Agreement Template
How to write this agreement?
Step I: Download the form
As a first major step, you should download the form of your state from the above-provided downloadables.
Take your time to read and study the stipulations of the agreements. If in doubt, be sure to seek the necessary clarifications for the avoidance of any doubts.
Step II: Obtain written consent from your landlord
Remember, you are not the owner of the property. It still remains that of the landlord for all practical purposes. That is why you have to obtain a special written consent of the property owner before going ahead to sub-let it to a third party.
Step III: Clearly identify all Parties to the Deal
Clearly identify all the parties to the deal. These are definitely you, the landlord, and the tenant who shall take over part of your premise when you are away. In case there are many tenants, consider designating one to be the ‘master tenant.’ This is the person who shall collect the rental revenue and bear any responsibilities for losses or damages.
Step IV: List the Dates of the Sub-lease Agreement
List now the dates of the sub-lease agreement. These are the dates when the lease shall start and end. It also incorporates the total sum duration of time that the agreement shall be in force. By clarifying the dates, you will leave no room for misunderstandings.
Step V: Clarify all the costs aspects involved
Obviously, some money will have to be paid in the course of implementing the provisions of the sub-lease agreement. These include the security deposit, rental payments, taxes, and any utility bills that are involved in the process of maintaining the rental agreement.
Step VI: State how any emerging disputes may be settled
It is not uncommon for disputes to arise in the course of occupancy. That is why it is a wise idea to state exactly how you intend that the emerging issues shall be sorted out. An out-of-court settlement is by far the best way to go about the issue. That is because it is cheaper and takes limited also to implement.
Step VII: Sign the Lease
After you are through with filling every blank space of the agreement, you should now go ahead and sign it. Have the other parties to the deal also append their signatures. Make several copies and have each party served with a photocopy of the deal.