One of the many forms that are included in our landlord forms package is a sublease agreement.
First of all the big question:
What is a sublease agreement?
In short, a sublease agreement is a form that permits the tenant to sublease the property, or a portion of the property, to someone else.
It’s one of those interesting forms where it can seem very intimidating but luckily our system makes it very easy for you. While the form itself is huge and overwhelming, broken into many different sections, our system itself takes you through the steps needed to input the data required. It should take you no more than ten minutes with our system answering some questions, and then you have a complete and customized sublease agreement for you and your tenant and whoever is leasing the property to use.
It’s also something very easy that either landlord or tenant can fill in. Also we have no problem with sharing your login. So if you are the landlord and your tenant is looking to sublease the property, feel free to either fill it in for them or shoot them over the details so they can log in and create the document. Just hey – be sure to change your password after they’re done.
So first of all, let’s explain what our system asks you to enter in a sublease agreement:
How To Fill In A Sublease Agreement:
Our form will first ask you for the landlord and tenant details. Note that this isn’t the original landlord who owns the property but rather the person who is leasing the property. It is referred to as The Sublessor and The Subtenant within the document itself.
So you will fill in the name and address of them and it is set up for multiple sublessors and multiple subtenants if need be. Then you will list the address of the property that is being subleased.
There is an option for including a broker. If you are using a broker for this deal you can choose “Yes” to that and then it will prompt you for the brokers full name and the broker fee. How our system works too is it will only add data if you choose it to the completed form. So if you say “No” to there being a broker, there’ll be no mention of it in the completed and printable sublease agreement so you don’t have to go in later and make any edits.
Next we ask you for the terms of the agreement – whether it is a lease agreement or a rental agreement. You can then choose the start/end dates of the agreement if applicable.
Finally we’ve got a section in regard to the finances for a sublease agreement. This is the biggest section as it covers everything related to payments and penalties and we don’t want to leave any stones uncovered.
There’s so many potential options that you may wish to have within this section – that’s why it is so large. Of course you can select “No” to the majority of them and ignore them if you wish. That’s completely fine.
The first section details the rent payments for the sublease. How often the rent will be paid, whom it will be paid to, the date it is to be made, and the method of payments accepted.
Then there is the penalties section. If you wish to add a late payment penalty for a penalty for returned / bounced checks you can do so there and it will prompt you for further details.
Finally it asks if the tenant is providing a security deposit.
That’s all that our system asks you in regard to what is in a sublease agreement. However what’s IN a sublease agreement on the other hand…..
How to Write A Sublease Agreement:
Use our system. Seriously.
A sublease agreement is a very tough document to create and there is so much that is contained within it. Along with the data above that you must input for example, you need to have a large section dedicated to the master lease.
This should outline all of the conditions and terms within the master lease and who is responsible for what. There is a lot to this section alone and it is very important. For example details s uch as the subtenant holding the sublessor free and harmless from all liability, judgements, costs etc if the Subtenant fails to obey or perform their obligations.
Then there are large sections on the expected usage of the premises. That it needs to be for residential tenancy for example and no other purpose. The responsibilities that the subtenant is responsible for. Everything in regard to the rent payments and how that works and involving the Master Lessor etc. Details such as the consent of the Master Lessor – the person who owns the property.
Terms and conditions revolving around the master lessor. For example the collection of rent, or heck just that the Master Lessor has even consented to that.
If you go with a broker, there is a large section dedicated to that and broker fees that needs to covered.
Then there is details in regard to legal fees if the SubTenant is in breach of the sublease agreement and what happens there.
So yeah – honestly; it’s a lot of work. We know because we didn’t have to just create a sublease agreement for you – we had to create one that covers all possible situations and potential issues that could occur. It’s a big job but luckily we’ve got it covered for you.
You’ll be glad to have our landlord forms package when you view your completed sublease agreement. Trust us you’re saving hours and hours of work and headaches.
Can I Sublease My Property?
A lot of people visit our site wondering if they are permitted to sublease their property, or the rules about that.
First of all you will need to refer to the original lease or rental agreement signed between you and the landlord. Often, there will be terms within there discussing whether or not subleasing is permitted or not.
If it states subleasing is not permitted, you can always approach your landlord and see. For all you know they used a generic lease agreement that has that in by default. They may be open to subleasing the property depending on their relationship with you.
If it states subleasing IS permitted then that’s where you still have to talk to them. Provide the details of it all to them etc however as long as it is in there, you are good to go.
It can be state specific too. For example a landlord may say in the agreement that you can only sublease with their approval however in certain states such as California and Florida, landlords are not able to withhold their consent to you subletting the property without valid reason.
For the record, a valid reason could include the fact that the person looking to sublease has a history of late rent payments.
You need to make sure you have permission from the landlord however as that can be grounds for termination of the original lease agreement. And make sure you get everything in writing. It’s an easy process with e-mail.
How to Cancel a Sublease Agreement:
A sublease agreement can only be canceled if there are details in the original sublease agreement listing reasons to cancel and that you can follow those steps, OR with the agreement of both parties.
At that point you just need to outline everything in regard to the cancellation of it in a separate document.
State Specific Sub Lease Agreement:
We get a lot of people asking us if we have a sublease agreement for NYC or a sublease agreement for California etc.
Instead of doing sublease agreements for every single state, we have our one input form that will adjust itself depending on the state you choose – based on the location of the premises that are being sublet.
However all rules in regard to subleasing etc for the specific city or state you live in is something you need to personally be aware of.
Sometimes it isn’t even just at a state level but at a city level. So in that instance we would have to create sublease agreements for various cities as well and that’s just too much.
How it’s set up is that our sublease agreement is set up to accommodate every single requirement your city and state should have.
Standard Sublease Agreement Template:
We get people looking for a standard sublease agreement templates but honestly using something like that is not advised.
Like we just said there are a lot of city and state regulations. Plus you never know with a free sublease agreement template whether or not all of the data is actually accurate or everything is in there. With our system for example we’ve made sure that we cover everything required for a sublease agreement. Then we ask people for feedback all the time making sure there is nothing missing that they would like added.
Often we’ve made additions purely because someone asked for an additional sentence to be added.
So put your mind at ease and purchase our landlord forms package and create your sublease agreement that way. It’ll be worth it.