Lease
Free Sublease Agreement Template
A residential sublease between a tenant and subtenant, subject to the master lease and landlord consent, covering rent, deposit, utilities, condition and liability.
A sublease lets a tenant rent all or part of their home to a subtenant while remaining responsible to the landlord under the original lease. Most leases require the landlord's written consent, and the sublease cannot give the subtenant more rights than the tenant has.
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Template
SUBLEASE AGREEMENT
This Sublease is made on [DATE] between [TENANT NAME] ("Sublandlord") and [SUBTENANT NAME] ("Subtenant").
1. MASTER LEASE. Sublandlord rents [ADDRESS, UNIT] ("Premises") from [LANDLORD NAME] ("Landlord") under a lease dated [DATE] ending [DATE] ("Master Lease"), a copy of which [is attached / has been provided to Subtenant, with financial terms redacted if agreed]. This Sublease is subject to the Master Lease. Subtenant will comply with the Master Lease's rules and obligations for the Premises, except payment of rent to Landlord, which remains Sublandlord's responsibility.
2. LANDLORD CONSENT. This Sublease is conditional on Landlord's written consent [if required by the Master Lease], attached as Exhibit A. If consent is not obtained by [DATE], this Sublease is void and all payments will be refunded.
3. SUBLEASED SPACE. [The entire Premises / Bedroom [NUMBER] with shared use of common areas], including [FURNITURE AND ITEMS LISTED IN EXHIBIT B].
4. TERM. From [START DATE] to [END DATE], which must end on or before the end of the Master Lease.
5. RENT. $[AMOUNT] per month, due on the [1st], paid to Sublandlord by [METHOD]. Late charge: $[AMOUNT] after [5] days, within legal limits. Sublandlord will pay rent to Landlord on time and give Subtenant proof on request.
6. SECURITY DEPOSIT. $[AMOUNT], within state limits, returned with an itemized statement of deductions for unpaid rent or damage beyond normal wear and tear within the time required by law after Subtenant vacates.
7. UTILITIES. Subtenant pays [LIST / [PERCENT]% of shared utilities]. Sublandlord pays [LIST].
8. CONDITION AND INVENTORY. The parties will complete a move-in checklist and inventory, signed by both. Subtenant will return the space and items in the same condition, normal wear and tear excepted.
9. REPAIRS. Subtenant will report needed repairs promptly to Sublandlord, who will request them from Landlord. Subtenant pays for damage caused by Subtenant or guests.
10. USE AND OCCUPANTS. Only Subtenant [and NAMES] may live there. No further subletting. Guests are limited as in the Master Lease.
11. ENTRY. Sublandlord and Landlord may enter as permitted by the Master Lease and law, with reasonable notice.
12. EARLY TERMINATION OF MASTER LEASE. If the Master Lease ends early for any reason not caused by Subtenant, this Sublease ends at the same time, and Sublandlord will refund prepaid rent and the deposit (less lawful deductions). If it ends because of Sublandlord's breach, Sublandlord is liable to Subtenant for resulting losses.
13. INDEMNITY. Each party is responsible for losses caused by its own breach of this Sublease or the Master Lease.
14. GOVERNING LAW. This Sublease is governed by the laws of [STATE]. Terms conflicting with applicable landlord-tenant law are replaced by the minimum legal requirement.
GENERAL PROVISIONS
(a) Notices. Notices must be in writing and sent to the addresses or emails above (or as later updated by notice). Email notice is effective when sent, unless the sender receives a delivery failure message.
(b) Entire agreement. This agreement, with any schedules and exhibits, is the entire agreement between the parties on its subject and replaces all prior discussions and agreements on that subject.
(c) Amendments and waivers. Changes must be in writing and signed by both parties. A failure or delay in enforcing any term is not a waiver of it.
(d) Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest of this agreement will remain in effect.
(e) Assignment. Neither party may assign this agreement without the other party's written consent, except to a successor in a merger or sale of substantially all of its business, on notice.
(f) Relationship. Nothing in this agreement creates a partnership, joint venture or agency relationship unless expressly stated.
(g) Counterparts and electronic signatures. This agreement may be signed in counterparts and by electronic signature, each of which is an original and together form one agreement.
(h) Independent advice. Each party has had the opportunity to review this agreement with its own legal counsel and signs it voluntarily.
SUBLANDLORD: __________________ Date: __________
SUBTENANT: ____________________ Date: __________
EXHIBIT A: Landlord consent EXHIBIT B: Furniture and items included
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This free template is provided by ClauseAudit for general informational purposes and is not legal advice. Have it reviewed before use. Replace all [BRACKETED] placeholders.When to use this template
- Moving out temporarily and renting your home to someone else.
- Renting a room in your apartment to a subtenant.
- Covering rent for the rest of a lease after moving away.
How to fill it in
- Check the master lease; most require written landlord consent.
- Attach the consent and share the master lease terms that apply.
- Make sure the sublease ends before the master lease.
- Set rent, deposit and utilities within legal limits.
- Complete a move-in checklist and inventory.
Key clauses to check
- Landlord consent
- Subletting without required consent can breach your lease.
- Master lease
- The subtenant cannot have more rights than you do.
- Continued liability
- You stay responsible to the landlord for rent and damage.
- Early termination
- Protects the subtenant if the master lease ends.
State-specific notes: CA, TX, NY, FL, IL
Landlord-tenant rules that affect this template in the five largest states, summarized as of 2025. Laws change and cities add their own rules, so confirm the current law before signing.
California
- Security deposits are capped at one month’s rent for most landlords since July 1, 2024 (AB 12). Certain small landlords may charge up to two months.
- The deposit, with an itemized statement of deductions, must be returned within 21 days after the tenant moves out. Bad-faith retention can cost the landlord up to twice the deposit in penalties.
- Landlords must generally give 24 hours’ written notice before entering, except in emergencies (Civil Code §1954).
- Landlords must give 30 days’ notice to end a month-to-month tenancy of under a year and 60 days for longer tenancies. Rent increases over 10% need 90 days’ notice.
- The Tenant Protection Act (AB 1482) caps annual increases for many units at 5% plus inflation (maximum 10%) and requires just cause to end many tenancies after 12 months. Many cities have stricter rent control.
Texas
- Texas sets no statutory cap on security deposits.
- Landlords must refund the deposit, with an itemized list of deductions, within 30 days after the tenant surrenders the premises, once the tenant has given a forwarding address. Bad-faith retention can lead to liability for $100 plus three times the amount wrongfully withheld and attorney’s fees.
- Texas has no general statutory entry-notice period, so the lease controls; include a clear notice term.
- A month-to-month tenancy can generally be ended with at least one month’s written notice, unless the parties agree otherwise in writing.
- Landlords must make diligent efforts to repair conditions that materially affect health or safety after proper notice, and tenants cannot waive this in most cases.
New York
- Security deposits are capped at one month’s rent statewide (Housing Stability and Tenant Protection Act of 2019).
- The deposit, with an itemized statement, must be returned within 14 days after the tenant moves out, or the landlord may lose the right to keep any of it.
- Landlords must give 30, 60 or 90 days’ notice (depending on whether the tenant has lived there under one year, one to two years, or over two years) before not renewing or raising rent by 5% or more.
- Rent-stabilized units follow separate rules, and New York City and some other localities have Good Cause Eviction protections that limit non-renewals and large increases.
- State law requires reasonable notice before non-emergency entry; 24 hours is common practice.
Florida
- Florida sets no statutory cap on deposits, but the lease must disclose how and where the deposit is held (Fla. Stat. §83.49).
- Within 15 days after move-out the landlord must return the deposit, or within 30 days give written notice by certified mail of any claim against it. The tenant then has 15 days to object.
- Landlords must give reasonable notice before entry for repairs; current law sets at least 24 hours. Verify the current requirement.
- A month-to-month tenancy requires at least 30 days’ written notice to end, under the 2023 change to Florida law.
- State law generally preempts local rent control, so rent increases at renewal are governed by the lease and notice terms.
Illinois
- Illinois has no statewide deposit cap.
- For buildings with five or more units, landlords must give an itemized statement of deductions within 30 days and return the balance within 45 days. Buildings with 25 or more units must pay interest on deposits held over six months.
- A month-to-month tenancy generally requires 30 days’ written notice to end.
- Illinois has no general statewide entry-notice statute; Chicago requires two days’ notice under its Residential Landlord and Tenant Ordinance.
- Chicago’s ordinance adds strict deposit handling, interest and receipt rules, and limits late fees (a set amount on the first $500 of rent plus a percentage of the excess). Check local ordinances in Evanston, Mount Prospect and other cities.
Another state? See the rules for all 50 states and DC.
Frequently asked questions
Do I need my landlord's permission to sublease?
Usually, if your lease requires consent. Some states say consent cannot be unreasonably withheld.
Am I still responsible for rent if I sublease?
Yes. You remain responsible to the landlord under the original lease.
What is the difference between a sublease and an assignment?
In a sublease you stay responsible; in an assignment the new tenant takes over the lease, sometimes releasing you.
Is a sublease agreement legally binding?
Yes. A signed sublease is a contract between the original tenant and the subtenant. It does not usually create a direct relationship between the subtenant and the landlord, so the original tenant typically stays responsible to the landlord. If the main lease requires landlord consent and you sublease without it, the landlord may treat it as a lease violation.
What should a sublease agreement include?
It should name the parties and property, the sublease term, rent and how it is paid, security deposit, which parts of the master lease apply, utilities, condition of the space, and what happens if the master lease ends. Attach a copy of the original lease and the landlord's written consent if required. A move in checklist helps avoid deposit disputes.
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Read before you sign
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- Lease Guarantor and Co-Signer Agreements: What You Are Really PromisingA guarantor or co-signer is personally on the hook if the tenant does not pay. Here is the difference between the two, how far the liability reaches, and how to limit what you are agreeing to.
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This free template is general information, not legal advice, and is no substitute for a qualified attorney. Laws vary by state; have it reviewed by a lawyer before you use or sign it.