Sublease Agreement Template (2026): 12 Clauses + Example

You signed a 12-month lease in January. In May, a job offer pulls you to another city for the summer, and you do not want to pay rent on an empty apartment. A sublease lets someone else live there and cover the rent while the lease stays in your name.

A sublease agreement is a written contract in which a tenant rents all or part of their rented home to a subtenant for part of the remaining lease term. This guide gives you a 12-clause template, explains how a sublease differs from an assignment, and covers the step many people skip: getting the landlord's consent. Short on time? Jump to the template.

What Is a Sublease Agreement?

A sublease, also called a sublet agreement, is a contract between the original tenant (the sublessor) and a new occupant (the subtenant or sublessee). The tenant keeps the lease with the landlord, known as the master lease, and passes along the right to use the space for a set period. "Sublet" is the everyday word in Canada and Australia, and "sublease" is more common in the United States. The paperwork is the same.

Two points shape everything else:

• The subtenant's rights come from your lease. A sublease cannot give the subtenant more than you have, so it should end no later than your own lease does.
• You stay responsible to the landlord. The landlord's contract is with you. If the subtenant stops paying or damages the unit, the landlord can still look to you, and you then pursue the subtenant under the sublease.

Sublease vs. Assignment vs. Breaking the Lease

These three options are often confused. They solve different problems.

	Sublease	Assignment	Breaking the lease
What changes hands	The right to use the space for part of the term, or part of the space	The tenant's entire remaining interest in the lease	Nothing; the lease ends early
Original tenant still liable?	Yes	Often yes, unless the landlord releases them	Depends on the lease (fees, rent until re-let)
Typical use	Summer away, a spare room, a temporary move	A permanent move where someone takes over	Leaving for good with no replacement
Landlord consent	Usually required	Usually required	Not required, but penalties may apply

If you are leaving for good, an assignment or a negotiated early exit usually fits better than a sublease. The lease termination letter template covers the notice mechanics.

Before You Sublet: Four Checks

1. Read the subletting clause in your lease. Some leases ban subletting, some allow it with written consent, and some allow it freely. Search the lease for "sublet," "assign," "transfer," and "occupancy," and check whether paying guests count as occupants.
2. Get the landlord's consent in writing before the subtenant moves in. Subletting without required consent can breach the lease and put your own tenancy at risk.
3. Screen the subtenant like a tenant. Ask for ID, proof of income or employment, and references. Where the law allows and the person agrees, run a credit or background check. You carry the risk of whoever you pick.
4. Record the condition and check insurance. Walk through the unit together, take dated photos, and sign a condition checklist. Ask the subtenant to carry renters insurance, and confirm that your own policy and the building rules allow a subtenant.

Some places set out a formal consent process. In New York, for example, a tenant in a building with four or more residential units may sublet only with the landlord's advance written consent, which cannot be unreasonably withheld (Real Property Law § 226-b). The tenant must ask by certified mail and include the sublease term, the proposed subtenant's name and addresses, the reason, and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must answer within 30 days, and silence counts as consent. The statute excludes some housing, such as public housing and co-op proprietary leases, and rent-stabilized units have extra rules. Most places do not spell out a process like this, so your lease and local rules decide.

What Should a Sublease Agreement Include?

A sublease should answer who is subletting what, for how long, for how much, and what happens if something goes wrong. It does not need to be long, but each of those questions needs a clear answer in writing.

The template below has 12 clauses. Here is what each group is for:

• Parties and premises (clause 1): who is subletting to whom, which unit or room, and which master lease it depends on.
• Term and rent (clauses 2 and 3): exact start and end dates, the amount, the due date, and who receives payment. State that the sublease ends early if the master lease does.
• Deposit, utilities, and condition (clauses 4 to 6): how much is held, by whom, when it is returned, who pays which bills, and what is included in a furnished unit.
• Master lease and consent (clauses 7 and 8): the subtenant agrees to follow the master lease, and the sublease only starts once any required consent is in hand.
• Use and access (clauses 9 and 10): occupants, pets, smoking, no further subletting, and entry rights for you and the landlord.
• Default, termination, and general terms (clauses 11 and 12): what happens if rent is missed, how either side can end early, and the governing law.

Sublease Agreement Template

Copy the text below and replace each bracketed field. Attach a copy of the master lease, a condition checklist, and the landlord's written consent where required. Delete clauses that do not apply and adapt the rest to your local law.

SUBLEASE AGREEMENT

This Sublease Agreement ("Sublease") is made on [date] between:

Sublessor (tenant under the Master Lease): [full legal name]
Subtenant: [full legal name]

1. PREMISES
The Sublessor subleases to the Subtenant [the entire unit / the
bedroom and shared areas] at [address, unit] (the "Premises"),
which the Sublessor rents from [landlord name] (the "Landlord")
under a lease dated [date] (the "Master Lease").

2. TERM
The Sublease begins on [start date] and ends on [end date]. It ends
earlier if the Master Lease ends or is terminated for any reason.
The Subtenant will vacate and return all keys on or before the end
date.

3. RENT
The Subtenant will pay rent of [amount and currency] per month, due
on the [day] of each month, by [payment method] to [the Sublessor /
the Landlord on the Sublessor's behalf]. Rent for a partial month is
prorated by days. Late payments are subject to [late fee, if any,
not higher than the Master Lease allows].

4. SECURITY DEPOSIT
The Subtenant will pay a security deposit of [amount] before moving
in. The Sublessor will hold it [in a separate account, if required
by law] and return it within [number] days after the Sublease ends,
less lawful deductions for unpaid rent or damage beyond normal wear
and tear, with an itemized statement.

5. UTILITIES AND SERVICES
[The Subtenant / The Sublessor] will pay for [electricity, gas,
internet, water, other]. [Describe how shared costs are split.]

6. CONDITION AND FURNISHINGS
The parties will complete the attached condition checklist before
move-in. The Subtenant will keep the Premises clean, report damage
promptly, and return the Premises in the same condition, except for
normal wear and tear. Furnishings included: [list, or "none"].

7. MASTER LEASE
The Subtenant has received a copy of the Master Lease and agrees to
follow the terms that apply to the Premises. If this Sublease and
the Master Lease conflict, the Master Lease controls. The Subtenant
will not do anything that would put the Sublessor in breach of the
Master Lease.

8. LANDLORD CONSENT
If the Master Lease or applicable law requires the Landlord's
consent, this Sublease takes effect only when the Landlord has
consented in writing. The Sublessor will request consent and give
the Subtenant a copy.

9. USE AND OCCUPANCY
The Premises are for residential use by the Subtenant [and these
occupants: names]. Pets: [allowed, with details / not allowed].
Smoking: [allowed / not allowed]. The Subtenant will not sublet or
assign any part of the Premises.

10. ACCESS AND INSPECTION
The Sublessor and the Landlord may enter the Premises with [number]
hours' notice, or without notice in an emergency, as permitted by
the Master Lease and applicable law.

11. DEFAULT AND TERMINATION
If the Subtenant fails to pay rent or otherwise breaks this Sublease
and does not fix the problem within [number] days after written
notice, the Sublessor may end the Sublease and use the remedies the
law allows. The Sublessor remains responsible to the Landlord under
the Master Lease. [Early termination by the Subtenant: [number]
days' written notice and [fee, if any].]

12. GENERAL
This Sublease is the entire agreement between the parties about the
Premises. Changes must be in writing and signed by both parties.
Notices must be in writing and sent to the addresses below or by
[email, if agreed]. This Sublease is governed by the laws of
[state, province, or country].

SIGNATURES
Sublessor: [name, address, signature, date]
Subtenant: [name, address, signature, date]

LANDLORD CONSENT (if required)
The Landlord consents to this Sublease. The Sublessor remains
responsible under the Master Lease.
Landlord: [name, signature, date]

ATTACHMENTS: copy of the Master Lease; condition checklist;
landlord's written consent.

Filled Example (Fictional)

This example is for illustration only. Maya rents a one-bedroom apartment and will be away for the summer. She finds Daniel, a summer intern, and agrees to these terms.

Field	Example entry
Sublessor	Maya Chen, tenant under a lease that runs to December 31
Subtenant	Daniel Reyes, summer intern
Term	June 1 to August 31 (3 months)
Rent	$1,450 per month, due on the 1st, the same amount Maya pays
Deposit	$1,450, returned after move-out under local deposit rules
Utilities	Daniel pays electricity and internet; Maya keeps the water bill
Landlord consent	Requested in writing on April 28, received May 6
Condition record	40 dated photos and a signed checklist attached

Maya charges the same rent she pays, so the sublease covers her costs without a profit. Some places limit what a tenant may charge a subtenant, and matching your own rent is the safest default. Over three months Daniel's payments cover $4,350 (3 x $1,450) of rent on an apartment that would otherwise sit empty. He hands back the keys on August 31, and Maya moves back in on September 1.

How to Ask the Landlord for Consent

A short, specific request gets a faster answer than a vague one. Send it by the method your lease requires (certified mail if the lease or local law calls for it) and keep a copy and proof of delivery.

[Tenant name]
[Address, unit]
[Date]

[Landlord or property manager]
[Address]

Re: Request for consent to sublease - [address, unit]

Dear [Landlord name],

Under our lease dated [date], I am asking for your written consent
to sublease the unit to [subtenant name] from [start date] to
[end date].

I will remain responsible for the lease during the sublease. The
proposed subtenant [is employed as ... / is a student at ...] and
has provided references. I have attached the proposed sublease and
[the subtenant's application and references].

Please reply in writing by [date]. If you need more information,
contact me at [phone or email].

Sincerely,

[Signature]
[Printed name]

If the landlord says no, ask what would change the answer. Offering to stay fully liable, giving the landlord the subtenant's references, or proposing a shorter term sometimes works. If the lease allows no subletting at all, a negotiated early exit or a replacement tenant approved by the landlord may be the realistic route.

Common Mistakes

• Subletting without consent. A hidden subtenant can turn a flexible plan into a lease default.
• Letting the sublease outlast the master lease. The subtenant's rights end when yours do, so match the dates.
• Relying on a verbal deal. "Just send me the rent each month" leaves no record of the deposit, the condition, or the end date.
• Skipping the condition record. Without dated photos, a damage dispute turns into your word against theirs.
• Holding the deposit carelessly. Some places regulate where a deposit is kept and how fast it is returned, even for a sublessor.
• Treating a sublease as permission for short-term rentals. Listing a unit on a short-stay platform is usually restricted separately by leases, building rules, and city ordinances.
• Forgetting you are still on the hook. The landlord can pursue you for unpaid rent and damage even if the subtenant caused it.

Frequently Asked Questions

Can a landlord refuse a sublease request?

Often yes, if the lease gives the landlord that right. Some places require the landlord to be reasonable, and New York does so for buildings with four or more residential units. If the lease forbids subletting and local law does not override it, subletting anyway risks a default. Check your lease and local rules before you advertise the unit.

Do I need a sublease if a friend stays for a month?

A guest who stays briefly and pays nothing is usually not a subtenant. Once someone pays rent for a set period and has their own use of the space, treat it as a sublease and check the lease's guest and occupancy limits.

Who is responsible if my subtenant does not pay?

You are. The landlord's contract is with you, so the landlord can ask you for unpaid rent and damage. You then recover from the subtenant under the sublease, starting with the deposit. This is why screening and a written agreement matter.

Can the sublease run longer than my lease?

No. A subtenant's rights come from your lease, so the sublease should end on or before the master lease end date. If you plan to renew, wait until the renewal is signed before offering a longer term.

Can I sign the sublease electronically?

In many places, including the United States under the federal E-SIGN Act, a signature generally cannot be denied legal effect solely because it is electronic, though some notices have special requirements. Confirm what your lease and local law allow. Our e-signature legal guide explains the basics.

Next Steps

Start with your lease and the landlord's consent, then fill in the template and attach the condition checklist. If you are drafting the original agreement, see the rental lease agreement template, the commercial lease agreement template, or the roommate agreement template. Landlords adjusting rent can use the rent increase letter template.

To get a draft that fits your lease and local terms, the AI lease agreement generator can build one from a short description, and the e-signature tool collects signatures from the tenant, subtenant, and landlord with a timestamped audit trail.

This sample is general information, not legal advice. Landlord-tenant law varies by location; have a qualified attorney or local housing authority confirm the rules that apply to you before subletting.