- Customizing the Sublease Agreement to account for location allows you to have a stronger legal contract since each jurisdiction has their own set of rules and regulations.
- While LawDepot makes every effort to offer suggestions and guidelines to assist you in creating your agreement, ultimately it is your responsibility to ensure that you comply with all the requirements of your jurisdiction, including any county or municipal laws.

The Sublandlord (a.k.a. the original tenant) is the person who entered into a Lease with the original Landlord, and who is now leasing all or part of the Landlord's property to the Subtenant.

The Subtenant is the person who is entering into a Lease for some or all of the Landlord's property from the Sublandlord.

The Master/Original Lease is the Lease that the Sublandlord (the original tenant) entered into with the Landlord. The Subtenant's interest in the property cannot exceed the interest created by the original Lease.

Yes, the Subtenant is entitled to a copy of the Master Lease. The Sublandlord can include a copy of the Master Lease with the Sublease agreement or can deliver a copy directly to the Subtenant.

Automatic Renewal means that the Lease continues indefinitely on the agreed upon interval (weekly, monthly, or yearly) until either the Subtenant or the Sublandlord gives notice to the other party that they will be terminating the Sublease Agreement.

Yes, you can sublease a part or all of the leased premises to the Subtenant.

- A damage deposit is a sum of money paid by the Subtenant to the Sublandlord to guarantee that the Subtenant will not damage the property. The Sublandlord holds the damage deposit for the term of the Sublease Agreement to ensure that the Subtenant does not default on the terms of the Sublease Agreement or otherwise damage the property.
- Should the Subtenant damage the property (normal “wear and tear” excluded), the Sublandlord is entitled to recover the debt from the damage deposit. Usually the Subtenant must provide the Sublandlord with the damage deposit at the start of the Sublease Agreement. At the end of the Sublease Agreement term, the Subtenant will receive the deposit back minus any deductions for repairs/restoration.

Damage deposits are usually equivalent to the value of one month's rent. The maximum amount is usually governed by the legislation in each jurisdiction.

It is strongly recommended that the property be insured. However, the Subtenant does not need to have his or her own insurance if the Sublandlord has obtained sufficient insurance to cover the Subtenant.

Yes, the Sublandlord can determine the extent to which the Subtenant can make alterations. The Sublandlord may reduce the Subtenant's right to make improvements from the level established for the Sublandlord in the Master Lease, but the Sublandlord cannot increase the Subtenant's right to make alterations beyond the level outlined in the Master Lease.

- The check-in inspection form is completed by the Subtenant within a reasonable amount of time after the Subtenant takes possession of the property.
- This form contains a description of the condition of the property at the time of the Subtenant's possession, and will be used at the end of the Sublease Agreement term as a comparison tool to determine if the Subtenant caused any damage to the property.

There is no statutory minimum amount of time, but the Sublandlord should give the Subtenant a reasonable amount of time. Depending on the circumstances under which the Subtenant will take possession, a reasonable period of time would likely be between 7 and 30 days.

You should include an additional clause if there are any terms or issues unique to your situation that have not been addressed in the questionnaire.

In order to reduce confusion, write your clauses with plain language and limit them to one paragraph in length. Also, use any predefined terms such as Subtenant, Property, Sublandlord, etc. in your clauses.

Yes, by selecting 'Unsure' as the date the agreement will be signed, a blank line will be inserted into the contract so that you can add the correct date after printing the document.

The Landlord's Consent to Sublease should only be included in the Sublease Agreement if the Landlord has not previously provided written consent to the Sublease Agreement.

Both the Sublandlord and the Subtenant should sign the Sublease Agreement, and it is strongly recommended that at least two witnesses also sign it.