50+ Sample Sublease and Lease Agreements

What Is a Sublease and Lease Agreement?

A lease agreement is a legal arrangement involving a tenant or the property owner, also known as a landlord. These contracts specify the duties and obligations of each participant in observing and managing the content of the agreement, enforceable by parties. A sublease agreement is a legally binding document between a tenant and a subtenant upon the approval of the property or space owner, indicating the duties, responsibilities, and obligations of the sublandlord in the form of the tenant and a subtenant acquiring the space. A lease and sublease agreement cover property space or area, either for private use or public use. A location may be leased or subleased for a personal art room or a general music store. The arrangement is valid for various purposes as long as the landlord, tenant, and subtenant comply with the conditions of the agreement.

According to the data gathered by Statista Research Department published in December 2019, the annual rent space in the Avenue des Champs-Elysees in Paris amounted to approximately 1,478 US dollars per square foot as of June 2019. However, Causeway Bay in Hong Kong is the most expensive retail location worldwide, reaching 2,745 US dollars per square foot.

Components of a Lease Agreement

Lease agreements vary from one landlord to another, depending on the prior negotiations made with a tenant. The content of the document varies upon the final decision of both parties regarding a lease location. However, some clauses and statements must always appear in a lease agreement as an essential part of the arrangement. Here are the basic components of a lease agreement between a landlord and a tenant, prepared by a landlord.

Names of tenants: Individuals over the age of 18, no matter the marital status, are named as the tenants and signs their name on the lease. Having each tenant sign their name allows a sense of security and additional insurance for landlords by making them legally responsible for paying the total amount of rent and abiding by the terms of the agreement. If one tenant fails to pay rent, the landlord can rightfully seek payment from the other occupants in the arrangement. Also, if one of the tenants violates or disregards the regulations, the landlord has the right to terminate the tenancy of the occupants within the rental. It is advisable to include an occupancy clause stating that the tenants within the contract and their children are the only ones allowed to stay for extended periods. If the tenant chooses to accept roommates or sublets without prior notice, the landlord has the right to terminate the tenancy, depending on the situation.Description of property: If the property for lease has a name, the agreement must determine it. Indicate the complete address of the rental property, including the building or unit number. It helps to identify and note any specific storage areas and parking spaces, add their floor number and lot or room number in the description. Also include restricted spaces in the building or property to prevent tenants from accessing it.Term of tenancy: The most common duration of a lease extends up to one year. These tenancies expire and terminate after the period. It is necessary to specify the length of the lease term in the agreement, making it specific, noting the start date, length of tenancy, and expiration date. It protects the landlord in cases the tenant moves out without notice or negotiation for rent for the duration of the lease. A landlord is legally entitled to sue a tenant or demand charges for rent.Rental price: The amount of rent is one of the essential elements in a lease agreement. It is necessary to specify the date and method of payment the landlord chooses, aside from the rental price. To avoid confusion, emphasize details such as acceptable payment methods, additional late fee charges with the specific amount and grace period, and charges in case of bounced checks. Security deposit and fees: In avoiding and lessening disputes between parties, it is advisable to elaborate on the amount of the security deposit with compliance with state laws, the use of deposit, replenishing deposit in case of used funds, the date and procedure of returning the security deposit, and any non-refundable fees such as cleaning services or pet fees. It must also indicate the institution holding on to the security fund and whether there is an interest rate for the deposit.Repair and maintenance policies: A landlord is responsible for managing and completing repairs on the property. A landlord’s best defense to withhold security deposits is to explain the repair and maintenance policies, including the duties of the tenants. The tenant must maintain a clean and sanitary rental space and pay for damages they cause. It is the occupant’s responsibility to give notice of defective or dangerous conditions, with the landlord detailing the procedure for handling complaints and request repairs. It is also necessary to emphasize restrictions about repairs and modifications without prior written notice and approval.Right to enter rental property: The lease agreement indicates and clarifies the landlord’s property management measures to avoid misunderstandings and claims of illegal entry or violation of privacy. There are instances under state laws to have different policies under various situations. For example, the landlord provides a day’s notice before accessing the leased property or showcase the property to potential tenants.Rules and policies: The landlord indicates specific regulations and procedures on the lease agreement as he deems necessary. Otherwise, a separate document contains these policies and an attachment to the arrangement. The standard rules and policies appearing on a lease agreement include statements about illegal activity, smoking on-premises, and pets. Illegal activity limits the liability of the landlord and prevents injury to property and other occupants. It must emphasize and provide examples of prohibited and disruptive behavior.Landlord disclosures: Under federal, state, and local laws, landlords are subject to disclose certain information about particular features of the unit or rental space. Ensure that the lease agreement does not violate any rent control laws, anti-discrimination laws, and observe health and safety plans and protocols. Lastly, consider consulting a lawyer or an attorney to review the lease agreement guaranteeing it complies with applicable laws.

How to Create a Sublease Agreement

A powerful and well-written sublease agreement helps take into account and ensure the parties’ best interests. Neither of the individuals alters the arrangement without the consent and knowledge of the other. It is necessary to keep in mind that the sublandlord and subtenant are both under obligation to uphold the terms of a sublease agreement. Here are some helpful steps in creating a sublease agreement.

Step 1: Distinguish the Parties Involved in the Agreement

Identify the full names of each party, indicating the role of each in the agreement. The tenant or the sublandlord is the original leaseholder of the property, and the subtenant is the new lessor of the unit or property. It is necessary to identify the roles to designate their responsibilities and duties on the sublease without mentioning the names repeatedly throughout the agreement. Start the document by indicating the titles of the tenant and subtenant, and end it with the agreed date.

Step 2: Identify the Sublease Property

Indicate the property’s full address, including the house or unit number, street name, city, state, and zip code. If the sublease for a property is not for the whole unit, specify the description of the intended subleased property. If the intended use is for residential property, indicate the intended use in the agreement; if it is commercial property, state that. A subleased establishment cannot be both options. It is necessary to do so as federal, state, or local laws may apply additional fees based on the establishment.

Step 3: Provide the Term of the Sublease

State the complete date of the start and end of the sublease agreement. Determine the time at which the subtenant takes or surrenders possession of the unit. It is also advisable to establish a specific time agreed upon by both parties. It is necessary to indicate this detail to guarantee both parties understand the length of stay in writing in the case of legality.

Step 4: Indicate the Rent Amount and Rent Schedule

The sublease agreement must clearly state the agreed-upon rental amount and the dates when a subtenant pays rent. In a usual sublease, the term of payment is every month. The period of monthly fees depends on the agreement made by both parties or on the date specified by the tenant. Also, include any penalty statements for late payments, clearly indicating the amount on the document. Show the name of the payment recipient, along with the complete address where the amount is to be delivered. It is also necessary to include the financial contributions of the tenant along with the subtenant. The agreement can also indicate a separate clause to explain that the tenant paid for a certain number of months, and the rest must be compensated for by the subtenant.

Step 5: Include a Security Deposit Clause

If the subtenant pays for a security deposit, it must be visible in the agreement. State the amount of deposit and details regarding the return upon the expiration of the arrangement. It must declare that the tenant withholds the deposit or a portion of it with a written record to the subtenant. The tenant must return the deposit within two weeks after the subtenant vacates the premises. The agreement must also specify possible reasons for keeping the security, including late fees or property damage. It is also necessary to have a final walkthrough of the space with a rental checklist to identify potential problems during the subtenant’s stay.

FAQs

What is the difference between a lease agreement and a rental agreement?

The difference between a lease and rental agreement varies depending on the context. A housing lease generally lasts for 12 months, while a rental lasts for 30 days. Use this to an advantage and get a rental if the intended stay is less than a year. In choosing one over the other, an individual must consider stability and flexibility. A rental agreement offers flexibility, while a lease agreement offers the person stability.

What is the difference between a sublease and a sublet?

Both subleasing and subletting mean renting out a property, and the difference lies in various factors. In subletting, the new tenant directly communicates with the property landlord, and in a sublease, they communicate with the tenant or a sublessor. In drafting an agreement, the landlord handles a sublet while a tenant handles a sublease. A landlord collects the lease for a subletting arrangement; meanwhile, a tenant manages the rent collection for a sublease. In terms of responsibilities, the landlord shares liability in a sublet and a tenant for a sublease. It is best not to be confused with the two, especially if an individual plans on partaking in sublet or sublease.

What happens if there is no lease or sublease agreement signed?

The lack of signing the agreements does not eliminate the rights of a landlord. However, recovering possessions of the premises may prove difficult without a written agreement. Despite the lack of the document, landlords still have the right to collect rental fees from tenants and evict them for frequent late payments or non-payment. Both the landlord and tenant also have the right to terminate the tenancy. In case the tenant deems the place inhabitable, immediate termination is permittable. However, the lack of a written document leads to numerous problems about particular provisions like pets, roommates, illegal activities, and other related issues. As much as possible, ask the landlord for a lease agreement or a tenant for a sublease agreement to have a specific understanding of necessary rules and obligations.

It is advantageous to know the responsibilities of a landlord, tenant, and subtenant, as it clears out misunderstandings and provisions about the arrangement.  Keep in mind that the two agreements are different documents, and a sublease cannot exist without a lease agreement prior. For any individual, it is always exciting to have a personal space, either for commercial or private use. It makes a person feel like they achieved another milestone in their life. In the words of Paulo Coelho, “The great victory, which appears so simple today, was the result of a series of small victories that went unnoticed”. Little victories are always worth celebrating, even if it means the property acquired is either a lease or a sublease. Sublease and lease agreement samples are available for use and download above, so don’t forget to start the journey today.