Sublease Agreement: What is it?

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A sublease agreement is a legal contract for subletting property, requiring permission from the landlord and covering terms such as rent and length of sublease. Generic legal forms are available, but it’s recommended to consult a lawyer for complicated situations. The original tenant is responsible for any damage caused by the sub-letter.

A sublease agreement is a legal contract that specifies the terms of a sublease, an agreement in which a person renting property in turn leases it to another person. Also known as subletting, subletting can be a useful tool for a variety of real estate situations. Permission from the landlord is usually required for arrangements to be enforced, and people subletting without permission may be in breach of the terms of the original tenancy agreement. This can subject them to fines.

While people are not required to write a sublease agreement, it is highly recommended. For complicated situations, a lawyer can draw up a sublease agreement that covers the specifics of the sublease. For simpler agreements, people can use generic legal forms. Many examples are available online and can also be found in self-help law books. Using these forms also ensures that people use a form that conforms to legal standards, as long as the generic form is approved for use in your region.

The sublease agreement discusses terms such as rent and deposit, length of sublease, and other matters. Since the lease is officially in the name of the original tenant, when people sublease it is a good idea to set some boundaries for legal protection. The sublease agreement can discuss circumstances under which the sublet may be evicted or asked to leave, what happens if the sublet needs to break as soon as possible, and so on.

Like generic forms, a sublease agreement has a series of blanks that people can fill in with specific details like names and deposit amounts. When crafting a custom contract, this information will be incorporated into the final draft. People who are not experienced in subletting may want to have an attorney look up a generic form to confirm that it will meet their needs. Landlords sometimes provide sublease agreement forms to their tenants, and people may ask about this when applying for permission to sublet.

People may choose to sublet for a variety of reasons, from wanting to keep an apartment for the summer to subletting as a commercial development. In all cases, tenant selection must be done with care, as the original tenant is legally responsible for anything that happens to the property while it is used as a sub-tenant. Damage caused by a sub-letter, for example, must be paid for by the renter.

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