Sublease Agreement Template
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Get the fillable document, the editable version, and an action checklist:
The short version (2026):
- A sublease lets you rent your place to someone else while your name stays on the original lease. You stay fully responsible to your landlord for the rent and the condition of the unit.
- Check your lease and get the landlord’s written consent first. Subletting against a no-sublet clause is grounds to evict you and your subtenant both.
- A few cities give tenants real sublet rights. New York (buildings with 4+ units), San Francisco, and Chicago limit when a landlord can say no. Most of the country leaves it to your lease.
- Use the copy-paste template below to set rent, a separate security deposit, utilities, and a move-in inspection in writing before you hand over keys.
Download Your Free Sublease Agreement Template
Moving for a few months? Leaving for the summer but stuck with a 12-month lease? Subletting lets you keep your lease alive while someone else covers the rent. The catch is that you stay on the hook. If your subtenant stops paying or damages the place, your landlord comes after you, not them. A written sublease agreement is how you set clear terms with your subtenant and protect the deposit you put down with your landlord.
Below you will find a full copy-paste sublease agreement you can fill in today, a plain-English breakdown of how subletting actually works, and a verified table of the states and cities where the rules are different from everywhere else.
Prefer guided, fill-in-the-blank documents that adjust to your state? LawDepot walks you through a sublease step by step.
What’s included in this free download:
- Complete Sublease Agreement (11 sections)
- Landlord consent section (with a contingency clause)
- Original lease reference and compliance provisions
- Security deposit handling between sublessor and sublessee
- Utility responsibility table
- Pet, smoking, and guest policies
- Move-in and move-out inspection checklist
- Early termination provisions
- Printable, fill-in-the-blank format
Copy-and-Paste Sublease Agreement Template
Copy the block below into your word processor and fill in every bracket. This is a residential sublease for all or part of an apartment. Read the consent and state-rules sections further down before you sign, because a sublease that violates your master lease can cost you your home.
RESIDENTIAL SUBLEASE AGREEMENT
This Sublease Agreement (“Agreement”) is made on [DATE] between [SUBLESSOR NAME], the original tenant (“Sublessor”), and [SUBLESSEE NAME], the new occupant (“Sublessee”).
1. Property & Original Lease. The Sublessor leases the property at [FULL ADDRESS, UNIT #] (the “Premises”) under a master lease dated [LEASE DATE] with [LANDLORD NAME] (the “Landlord”). The Sublessor subleases to the Sublessee: [ ] the entire Premises / [ ] these rooms: [DESCRIBE]. The Sublessee agrees to comply with every term of the master lease, a copy of which is attached.
2. Term. This sublease runs from [START DATE] to [END DATE] and cannot extend beyond the master lease, which expires on [MASTER LEASE END DATE].
3. Rent. The Sublessee pays $[AMOUNT] per month, due on the [1st] of each month, to the Sublessor by [PAYMENT METHOD]. A late fee of $[AMOUNT] applies after a [5]-day grace period.
4. Security Deposit. The Sublessee pays a security deposit of $[AMOUNT] to the Sublessor on signing. The Sublessor returns it, minus lawful deductions for unpaid rent or damage beyond normal wear, within [14/30] days after the Sublessee moves out, as required by [STATE] law. This deposit is separate from any deposit the Sublessor holds with the Landlord.
5. Utilities. Utilities are handled as marked in the utility table in this Agreement. Any utility not included in rent is the Sublessee’s responsibility to pay on time.
6. Use & House Rules. The Sublessee uses the Premises as a private residence only. Pets: [ ] not allowed / [ ] allowed: [TERMS]. Smoking: [ ] prohibited / [ ] allowed: [AREAS]. Quiet hours: [10 PM–8 AM]. No further subletting. No alterations without written consent.
7. Condition & Maintenance. The Sublessee keeps the Premises clean and reports repair needs to the Sublessor promptly. The Sublessor forwards repair requests to the Landlord. The Sublessee pays for damage caused by the Sublessee or their guests, but not for pre-existing damage noted in the move-in inspection (attached).
8. Sublessor’s Continuing Duties. The Sublessor remains fully liable to the Landlord under the master lease, forwards Landlord notices to the Sublessee, and does not interfere with the Sublessee’s quiet enjoyment of the Premises (the legal right to use the home without unreasonable disturbance).
9. Landlord Consent. [ ] Consent obtained (written approval attached). [ ] Consent pending; this Agreement is contingent on the Landlord’s written consent by [DATE]. [ ] No consent required under the master lease.
10. Early Termination. Either party may end this sublease with [30] days’ written notice. The Sublessee pays rent through the move-out date, and the deposit is handled under Section 4.
11. Signatures. Sublessor: ______________ Date: ______ Sublessee: ______________ Date: ______ Landlord (consent): ______________ Date: ______
The downloadable versions add a furnished-inventory list, a full utility-split table, and a room-by-room move-in inspection sheet. Fill those in the same way, with both people initialing each page.
What Is a Sublease Agreement?
A sublease agreement is a contract between an original tenant (the “sublessor”) and a new occupant (the “sublessee,” also called the subtenant) that lets the subtenant live in all or part of the rental for a set period. The original tenant stays on the master lease with the landlord, so the subtenant is renting from the renter. The legal chain looks like this:
| Landlord | Holds the master lease with → | Original Tenant (Sublessor) |
| Original Tenant (Sublessor) | Signs the sublease with → | Subtenant (Sublessee) |
The key principle is the one most people get wrong: The original tenant stays fully liable to the landlord. If the subtenant does not pay, damages the property, or breaks a lease rule, the landlord pursues the original tenant, not the subtenant. As the Cornell Legal Information Institute puts it, a sublease creates no direct contract between the subtenant and the landlord. That is exactly why a written sublease with a separate deposit and clear terms matters so much.
Sublease vs. Lease Assignment (They Are Not the Same)
Most free templates blur these two, and the difference decides whether you stay responsible. A sublease keeps you in the middle: You stay on the master lease and re-rent to a subtenant. An assignment hands your entire lease to someone else, who steps into your shoes for the rest of the term. Whether an assignment fully releases you depends on the landlord and your state, so get any release in writing.
| Sublease | Assignment | |
|---|---|---|
| Who holds the master lease | You still do | The new person does |
| Who the landlord can chase for rent | You | Usually the new tenant (you may stay liable unless released) |
| Length | Any period within your lease term | The rest of your lease term |
| Best for | Leaving temporarily, then returning | Leaving for good before the lease ends |
| Landlord consent | Usually required | Almost always required |
If you are leaving permanently, an assignment with a written release protects you better than a sublease. If you plan to come back, a sublease is the right tool. For a clean exit by agreement, our lease termination agreement template covers ending a lease early with the landlord’s sign-off.
When Do You Need a Sublease Agreement?
Subletting fits a handful of common situations:
1. Temporary work relocation. You are assigned to another city for three to six months but want to keep your apartment for when you return.
2. Summer break (students). A 12-month lease keeps charging rent over the summer; subletting covers the months you are away.
3. Extended travel. A long trip, sabbatical, or family care obligation that takes you away for weeks or months.
4. Moving in with a partner. Your lease still has several months left after you decide to live elsewhere.
5. Financial hardship. You cannot afford the rent but cannot break the lease without a penalty, so a subtenant covers it while you regroup.
6. Sharing your space. You want someone to split costs and live with you. Depending on the setup, that can be a sublease or a roommate agreement, which is the better fit when you both stay in the unit together.
7. Military deployment. Service members leaving on orders may sublet rather than break a lease. The federal Servicemembers Civil Relief Act also lets you end certain leases early on qualifying orders.
Before You Sublet: Landlord Consent (Step Zero)
Stop before you do anything else and read your master lease for a subletting clause. What it says decides your next move.
1. Subletting prohibited. If your lease says “Tenant shall not sublease,” you generally cannot sublet without breaking your lease, which is grounds for eviction. Your option is to ask the landlord for written permission anyway. In a few places, the law overrides a no-sublet clause (see the state table below).
2. Subletting allowed with landlord consent. This is the most common clause. You can sublet, but you need written approval first. Submit a request with the proposed subtenant’s name, employment, and references, the sublease term, and a copy of the proposed sublease. Landlords typically have [14–30] days to respond, and some states set that clock by statute.
3. Subletting allowed without consent. Rare, but it exists. You can sublet freely, though it is still smart to notify the landlord and use a written agreement.
One trap to know: When a lease is silent on subletting, the modern rule in most states is that you still need the landlord’s consent, even though older common law leaned the other way (Cornell LII, landlord-tenant law). Do not assume silence means yes. Our template’s consent section gives you three boxes to record exactly which situation applies.
State & City Sublet Rules (Verified for 2026)
In most of the country, your lease controls subletting and the landlord can refuse. A few states and cities give tenants real, enforceable sublet rights. These are the ones that change the answer:
| Where | The Rule | Landlord’s Deadline to Respond |
|---|---|---|
| New York (buildings with 4+ units) | Tenants have a statutory right to sublet with written consent that cannot be unreasonably withheld. Request goes by certified mail with the required details and a copy of the sublease. | 10 days to ask for more info; 30 days to consent or give reasons. No response counts as consent. |
| San Francisco | Tenants may replace roommates or sublet even if the lease prohibits it; the landlord can refuse only on reasonable grounds, like exceeding occupancy limits. | 14 days. No response or an unreasonable denial counts as approval. |
| Chicago (RLTO) | The landlord must accept a reasonable subtenant without charging an extra sublease fee. You stay liable for any shortfall if the unit re-rents for less. | Must act on a reasonable proposal; no separate sublet fee allowed. |
| California (statewide) | No statewide right to sublet residential property. Your lease controls, so a no-sublet clause is generally enforceable outside cities like San Francisco. | Set by your lease. |
| Most other states | Your lease controls. If it requires consent (most do), get it in writing. If it is silent, the safe assumption is that consent is still required. | Set by your lease. |
Sources for the rows above: New York Real Property Law § 226-b, the San Francisco Rent Board (Rent Ordinance § 6.15), and the Chicago Residential Landlord and Tenant Ordinance (§ 5-12-120). Rent-controlled and rent-stabilized units carry extra rules; in New York City, for example, the rent you can charge a subtenant of a stabilized unit is capped at the legal regulated rent (with a limited bump for a furnished unit). When in doubt, confirm your local ordinance before you set the rent.
Setting Rent, Deposit, and Utilities
Three money questions cause most sublease disputes. Settle them in writing.
Rent. You can charge what you pay (most common), less (you absorb the gap), or more, but some leases and cities forbid charging a subtenant more than your actual rent. Check before you try to profit from a sublet. The subtenant pays you, not the landlord, unless the landlord asks otherwise.
Security deposit. Collect a deposit from your subtenant that is separate from the one you gave your landlord. Your deposit stays with the landlord; your subtenant’s deposit protects you. Return it within your state’s deadline, minus lawful deductions. If a former subtenant will not return your money, our security deposit demand letter is the first step before small claims court.
Utilities. Decide which utilities are included in rent and which the subtenant pays directly. If accounts stay in your name, either build the cost into rent or bill the subtenant monthly with documentation. Use the utility table in the template so nothing is left to memory.
How to Sublet Your Apartment (Step by Step)
Step 1: Read your lease. Look for “sublease,” “sublet,” “assign,” or “transfer” and follow what it says.
Step 2: Get landlord consent if required. Send a written request with the subtenant’s name, employment, intended term, and proposed rent. Give the landlord the time your lease or state law allows.
Step 3: Screen your subtenant. Check credit and income with their permission, call prior landlords, and meet in person. You are responsible for this person, so trust the paperwork and your read of them.
Step 4: Fill out the sublease agreement. Use the template above. Put everything in writing and attach the move-in inspection.
Step 5: Provide the master lease. Give your subtenant the master lease or the relevant excerpts so they know which rules they must follow.
Step 6: Collect first month’s rent and the deposit. Before handing over keys, take the first month’s rent and the security deposit, with a receipt or paper trail.
Step 7: Do a move-in inspection together. Walk the unit, document the condition, and both sign the inspection sheet.
Step 8: Transfer keys and access. Provide keys, fobs, codes, and instructions for mail, trash, parking, and building access.
Common Subletting Mistakes
Mistake 1: Subletting without written consent. If your lease requires consent and you skip it, you are breaking the lease. The landlord can evict you, and your subtenant loses their housing too. Get consent in writing before anyone moves in.
Mistake 2: Skipping the security deposit. Without a deposit at stake, your subtenant has no financial reason to keep the place in good shape. If they cause damage, your deposit with the landlord is what pays for it. Always collect a separate deposit.
Mistake 3: No move-in inspection. Without a documented condition at move-in, you cannot prove what damage the subtenant caused versus what was already there. A signed inspection protects both sides.
Mistake 4: Not sharing the master lease rules. If the subtenant breaks a master-lease term they never saw (no pets, quiet hours, parking), the consequences land on you. Make sure they know every rule.
Mistake 5: Thinking you are off the hook. The biggest myth in subletting is “my subtenant pays rent now, so I am done.” You are not. If the subtenant stops paying, the landlord still comes after you, and you have to pursue the subtenant separately.
Sublease Template vs. Attorney Help
The template works well for:
- Standard apartment subletting
- Clear landlord-consent situations
- Short-term subletting for a summer, semester, or relocation (renting your place out nightly is a short-term rental, a sublet that usually needs the landlord’s consent)
- Straightforward terms between reasonable parties
Consider an attorney if:
- Your landlord denies consent and you believe it is unreasonable in a state that requires reasonableness
- You are subletting a rent-controlled or rent-stabilized unit, where special rules apply
- Your master lease has unusual restrictions you are unsure about
- You are subletting commercial space, which follows a different legal framework
- A dispute over rent or damage is already heading toward court
An attorney-drafted sublease typically runs a few hundred dollars, which makes sense for high-value or contested situations. For a routine residential sublet, a complete written template that you fill in carefully does the same core job at no cost.
Want the document built around your state’s subletting rules? LawDepot’s guided builder adapts the agreement and produces a finished file in minutes.
Frequently Asked Questions
Can my landlord refuse to let me sublet?
It depends on your lease and your state or city. If the lease prohibits subletting, most states let the landlord refuse. But some places, including New York City (in buildings with four or more units), San Francisco, and Chicago, require landlords to allow a reasonable sublet and cannot withhold consent unreasonably.
Am I still responsible for rent if my subtenant does not pay?
Yes. The sublease is between you and the subtenant, but the master lease still holds you fully responsible to the landlord. If the subtenant does not pay you, you still owe the landlord, and your remedy is to pursue the subtenant.
Can I charge my subtenant more rent than I pay?
Sometimes. Many states allow it, but some leases and rent-regulated cities cap the sublease rent at what you actually pay. In New York City, the rent for a subtenant of a stabilized unit is limited to the legal regulated rent. Check your lease and local rules before charging a markup.
What is the difference between a sublease and an assignment?
A sublease keeps you on the master lease while a subtenant rents from you, so you stay responsible. An assignment transfers your whole lease to someone else for the rest of the term. An assignment can release you, but only if the landlord agrees in writing.
What happens if my subtenant damages the property?
The landlord first deducts from your security deposit. You then pursue the subtenant for reimbursement using their deposit. If their deposit does not cover the damage, you may need to sue in small claims court.
Can my subtenant become the primary tenant?
Only if your lease ends and the landlord signs a new lease directly with them, or you formally assign your lease to them with the landlord’s approval. A sublease by itself creates no direct relationship between the subtenant and the landlord.
Should my subtenant get renter’s insurance?
Yes, strongly recommend or require it. Your policy likely does not cover the subtenant’s belongings, and their insurance can cover damage they cause, which protects your deposit and your liability.
Do I need the landlord’s signature on the sublease?
The sublease itself is between you and the subtenant, so their signature and yours make it binding. But if your lease requires consent, the landlord’s written approval (the consent section in the template) is what keeps the whole arrangement legal.
Download Your Free Sublease Agreement Template
Protect yourself while subletting with an agreement that sets rent, the deposit, the condition of the property, and who is responsible for what, all in writing. Available as a fillable PDF, an editable DOCX, and a step-by-step checklist using the download buttons at the top of this page.
Prefer guided, fill-in-the-blank documents that adapt to your state’s subletting laws? LawDepot generates a customized sublease in minutes.
Sources & References
This guide is fact-checked against the following official and authoritative sources:
- Cornell LII — Sublease
- Cornell LII — Landlord-Tenant Law
- New York Real Property Law § 226-b — Right to Sublease
- San Francisco Rent Board — Rent Ordinance § 6.15
Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.
ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.
