A sublease agreement lets a tenant rent out all or part of their rental to someone else for part of the lease term: the original tenant becomes a sublandlord, and the subtenant pays rent to them, not to the property owner.
The critical fact about subleasing: the original tenant remains fully liable under the master lease. If the subtenant stops paying or damages the unit, the landlord looks to the original tenant. This template is built around that reality.
Get the landlord's consent first
Nearly every residential lease requires the landlord's prior written consent to sublet, and subletting without it is a lease violation that can trigger eviction of everyone involved. Some jurisdictions (New York for buildings of four or more units, and several cities) prohibit landlords from unreasonably refusing consent, but the request must still be made in writing. Get the consent before the subtenant moves anything in, and keep it with this agreement.
Short-term rental platforms are not subleases
Listing the unit on a nightly rental platform is usually treated as commercial activity, not subleasing, and is separately prohibited by most leases and many city ordinances. This agreement covers a residential subtenant with a fixed term.
Sublease vs assignment
| Aspect | Sublease | Assignment |
|---|---|---|
| Who holds the lease | Original tenant keeps it | New tenant takes it over |
| Who pays the landlord | Original tenant | New tenant directly |
| Original tenant's liability | Full, for the whole term | Often released or secondary |
| Coming back | Tenant can return at sublease end | Tenant is out permanently |
Choose a sublease when you plan to return (a semester abroad, a temporary assignment). Choose an assignment when you are leaving for good and the landlord agrees to substitute the new tenant.
Protecting yourself as the sublandlord
- Screen the subtenant like a landlord would: application, income, references
- Collect a deposit and the first month's rent before handing over keys
- Document the unit's condition with dated photos at move-in and move-out
- Keep paying the landlord yourself rather than relying on the subtenant to pay directly
- End the sublease before the master lease ends, leaving time to inspect
Frequently asked questions
Can I charge the subtenant more than my own rent?
Often yes for a furnished unit or one with services, but several cities (notably New York and San Francisco) cap sublease rent at the lease rent plus limited surcharges. Check local rules before pricing.
What if the subtenant stops paying?
You still owe the landlord the full rent. Your recourse against the subtenant is under this agreement: a pay-or-quit notice and, if needed, an eviction case, in which you stand as the sublandlord.
Does the subtenant deal with the landlord at all?
No contractual relationship exists between them unless the landlord agrees otherwise. Repairs and notices flow through you: the subtenant reports to you, and you invoke the master lease with the landlord.
Can I sublease just one room?
Yes. This template supports subletting a private room with shared common areas, which is common for roommate-style arrangements where the original tenant stays in the unit.
What happens if my master lease is terminated?
The sublease falls with it: a subtenant cannot hold more rights than the sublandlord had. That is why the sublease term must end no later than the master lease.