Free Residential Sublet Agreement

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Residential Sublet Agreement

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Your Residential Sublet Agreement

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RESIDENTIAL SUBLET AGREEMENT

THIS SUBLET AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

________________________

(the "Sublandlord")

OF THE FIRST PART

- AND-

________________________

(the "Subtenant")

OF THE SECOND PART

  1. Background
  2. This is an agreement (the "Sublet Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublet Agreement are subject to the terms and restrictions of the master tenancy agreement (the "Master Tenancy Agreement") dated February 28, 2024 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following house and any improvements on those lands (the "Premises") municipally described as: __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________.

IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Sublet Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. Sublet Premises
  2. The Sublandlord agrees to sublet to the Subtenant all of the Premises (the "Sublet Premises"), for use as a residential Sublet Premises only. Neither the Sublet Premises nor any part of the Sublet Premises will be used at any time during the Term of this Sublet Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. Subject to any restrictions or conditions in the Master Tenancy Agreement, the Subtenant may keep pets in the Subleased Premises.

    If this privilege is abused, or if the pets damage the Subleased Premises, or if the pets cause problems or interfere with the use and enjoyment of the Subleased Premises for the other tenants, the Sublandlord may revoke this privilege upon thirty (30) days' notice.

  4. The Subtenant and members of the Subtenant's household will not smoke anywhere in the Subleased Premises nor permit any guests or visitors to smoke in the Subleased Premises.
  5. The Subtenant and members of the Subtenant's household will not vape anywhere in the Subleased Premises nor permit any guests or visitors to vape in the Subleased Premises.
  6. Term
  7. The term (the "Term") of this Sublet Agreement commences at 12:00 noon on February 29, 2024 and ends at 12:00 noon on March 1, 2024.
  8. Rent
  9. The amount of rent and the frequency of payment are the same as under the Master Tenancy Agreement.
  10. The Subtenant will deliver or send the rent to Sublandlord No.1 at __________, or at such place as the Sublandlord No.1 may later designate.
  11. Utilities
  12. All payments for utilities and other charges connected with the Sublet Premises, which are to be paid by the Sublandlord under the Master Tenancy Agreement, will be paid by the Subtenant for the remainder of the Term.
  13. Maintenance
  14. The Subtenant agrees to surrender and deliver to the Sublandlord the Sublet Premises and all furniture and decorations within the Sublet Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
  15. The Subtenant will be liable to the Sublandlord and the Landlord for any damages occurring to the Sublet Premises or the contents of the Sublet Premises or to the building which are done by the Subtenant or the Subtenant's guests.
  16. Alterations and Improvements
  17. The Subtenant will have the same rights to make such alterations and improvements to the Sublet Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
  18. Taxes
  19. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Sublet Premises and any personal property on or about the Sublet Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  20. Event of Default
  21. The Subtenant will default under this Sublet Agreement if any one or more of the following events (the "Event of Default") occurs:
    1. The Subtenant fails to pay the Rent to the Landlord or any amount of it when due or within any grace period, if any.
    2. The Subtenant fails to perform any of its obligations under this Sublet Agreement or any applicable obligation under the Master Tenancy Agreement.
    3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
    4. The Subtenant abandons the Sublet Premises or any part of the Sublet Premises.
    5. The Subtenant uses the Sublet Premises for any unpermitted or illegal purposes.
    6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublet Agreement pertaining to the Sublet Premises.
    7. The Sublet Premises, or any part of the Sublet Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
    8. Any other event of default provided in the Act.
  22. Remedies
  23. Upon the occurrence of any Event of Default, the Sublandlord has any or all of the following remedies:
    1. Terminate the Sublet Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublet Agreement or the Master Tenancy Agreement, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublandlord may reenter the Sublet Premises or any part of the Sublet Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Sublet Premises.
    4. Any other remedy provided in the Act.
  24. No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublet Agreement or the Master Tenancy Agreement. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord may from time to time exercise any one or more of such remedies independently or in combination.
  25. Upon the expiration, termination or cancellation of the Master Tenancy Agreement or this Sublet Agreement, all obligations of the parties under this Sublet Agreement will be extinguished.
  26. Any improvements remaining on the Sublet Premises upon termination will revert to the Sublandlord and will be free of any encumbrance at the time of such reversion.
  27. Governing Law
  28. It is the intention of the parties to this Sublet Agreement that the tenancy created by this Sublet Agreement and the performance under this Sublet Agreement, and all suits and special proceedings under this Sublet Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  29. Severability
  30. If there is a conflict between any provision of this Sublease and England (the "Act"), the Act will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublet Agreement.
  31. If there is a conflict between any provision of this Sublet Agreement and any form of Sublet Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublet Agreement.
  32. In the event that any of the provisions of this Sublet Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublet Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
  33. Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
  34. The Subtenant will ensure that the Sublet Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Sublet Premises.
  35. Subletting
  36. The Subtenant will not assign, transfer or further sublet the Sublet Premises or any part of the Sublet Premises without the prior written consent of the Sublandlord and the Landlord.
  37. Notices
  38. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es):
    • Sublandlord: ________________________
      Address: ______________________________________________________________
  39. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es):
    • Subtenant: ________________________
      Address: ______________________________________________________________
  40. All notices to be given under this Sublet Agreement will be in writing and will be served personally or sent by certified or registered mail using post.
  41. Master Tenancy Agreement
  42. This Sublet Agreement incorporates and is subject to the Master Tenancy Agreement, a copy of which is attached to this Sublet Agreement, and which is incorporated as if it were set out in this Sublet Agreement.
  43. General Provisions
  44. In the event of any legal action concerning this Sublet Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  45. Subject to the other provisions of this Sublet Agreement, this Sublet Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublet Agreement are not legally valid and, therefore, are not binding upon either party.
  46. The words "Sublandlord" and "Subtenant" as used in this Sublet Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublet Agreement.
  47. The Sublandlord may enter the Sublet Premises upon 24 hours' notice for any of the following reasons:
    1. to inspect the Sublet Premises;
    2. to maintain the Sublet Premises; or
    3. to make repairs that the Sublandlord is obligated to perform.
  48. The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublet Agreement be construed as creating a partnership or joint venture between the parties to this Sublet Agreement.
  49. If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublet Agreement by affixing their signature below.
  50. Each signatory to this Sublet Agreement acknowledges receipt of an executed copy of this Sublet Agreement.
  51. This Sublet Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________
Witness
_______________________
Address

_______________________
Sublandlord

_______________________
Witness
_______________________
Address

_______________________
Subtenant

Consent of Landlord to Sublet Agreement

The undersigned, the landlord in the Master Tenancy Agreement of February 28, 2024, hereby consents in writing to the foregoing Sublet Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Tenancy Agreement.

Dated: _____ day of__________________, 20____



_____________________________
Witness



_____________________________
Landlord

Last Updated January 3, 2024

Written by


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What is a Residential Sublet Agreement?

A Residential Sublet Agreement is a contract a tenant uses to allow someone else to occupy their rental space for a portion or the remainder of the original lease.

You can sublet a portion of a rental property or the entire space. 

A Residential Sublet Agreement is also known as a:

  • Sublease agreement
  • Sublease contract
  • Subtenant agreement
  • Sublet room agreement
  • Sublet tenancy agreement
  • Subletting tenancy agreement
  • Sub-occupation contract

Who are the parties to a Residential Sublet Agreement?

A Residential Sublet Agreement is between a sublandlord and subtenant:

  • The sublandlord, or immediate landlord, is the original tenant of the property and has a tenancy agreement with the landlord
  • The subtenant is the new tenant renting from the sublandlord

It’s important to note that although the landlord owns the residential property and rents it to the original tenant, the Sublet Agreement is only a contract between the sublandlord and the subtenant.

Yes, subletting is legal in the United Kingdom as long as your original Residential Tenancy Agreement permits it.

EnglandWalesScotland, and Northern Ireland all have regulations on tenants being able to sublet. It is best to look at these regulations and your original tenancy agreement for further details about subletting.

Though verbal agreements are legally binding, they are hard to prove. Having an agreement in writing is best for both the sublandlord and subtenant to provide a legally binding contract to protect both parties and hold everyone accountable for their responsibilities.

Yes, generally, you must have consent from your landlord. If you don’t, your landlord may have grounds for eviction based on a breach of your tenancy agreement.

Landlords can’t refuse a Sublet Agreement without reasonable cause. However, a landlord has an interest in who is a subtenant and can refuse to provide consent in some circumstances. An example is if a potential subtenant can’t pass a credit check during an application screening

Check your country’s tenancy acts for further guidelines your landlord must follow in consenting to sublet.

How does a Sublet Agreement work?

As a sublandlord, you take on the responsibilities of a landlord but are still liable for your original tenancy agreement. This is because your subtenant has no contractual relationship with your landlord. Your responsibilities may include:

  • Reporting maintenance problems
  • Paying rent to the landlord

Like a regular tenant, a subtenant has rights and responsibilities under the sublease agreement or granted by law. However, if a subtenant breaches any agreements, you may be responsible for the violation as the sublandlord. Please note a subtenant should not be confused with a lodger.

A sublet can only occur during the original tenant's tenancy period. If the subtenant is to stay in the property after the original lease is over, they must negotiate with the landlord for a new tenancy lease agreement.

How to write a Residential Sublet Agreement

Writing a Sublet Agreement is easy with LawDepot’s questionnaire. Once you select the location where the sublet will be used, include the following information:

  • Property type, such as a house, flat, condo, room, or any other space
  • Sublandlord and subtenant details, including names and contact information
  • Landlord’s details and consent to prove you have permission to sublet
  • Sublease area, meaning if it’s the whole property or a portion of the unit
  • Sublease terms, including the type of agreement (e.g., fixed end date, month-to-month, etc.) and the start and end dates 
  • Rent details like the amount, due date, and collection type (you can also add utilities, damage deposit, and insurance requirements)
  • Use of the property, including whether pets, smoking, vaping, and  property alterations (e.g., painting) are allowed
  • Required notice for check-in inspections, if applicable
  • Signing date

When you sublet, you must provide the original lease agreement, as it contains all the obligations the subtenant must follow in addition to your sublet contract.

Sublet Agreement versus Assignment

A Sublet Agreement allows you to keep your lease agreement while someone else rents a portion of the space, or the whole property, from you. This can help if you need financial assistance or have temporarily or permanently relocated.

A Lease Assignment Agreement means you are signing over the original lease agreement to a new tenant, completely giving up the rental property. The new tenant takes on all the rights and responsibilities of the original agreement, and you lose your rights and obligations. A tenant may want to consider a lease assignment if they need to relocate permanently.

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