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Sublease Agreement


Overview
The Sublease Agreement is used by a residential tenant to sublease his or her dwelling to someone else for a part of the remaining lease term. 
In a sublease, the original tenant will return to the leased premises before the lease term is over and continues to be liable on the lease, including making monthly rent and other payments to the landlord.  To offset this obligation, the tenant collects rent from the subtenant, becoming the "landlord" of the subtenant.
An assignment of a lease is different than a sublease.  In an assignment, all of the leased property is transferred to a new party for the remainder of the leased term.  The Home and Business Attorney includes a Tenant Assignment of Lease located in the Business Attorney Real Estate section.

When You Need It
-If your work or an extended vacation means you will relocate for an extended period, but will return to his or home and do not want to pay rent while you are not living in the property.
-When you need to put an agreement to sublease into writing ensuring that any such agreement is enforceable.  
-When you need a written agreement to sublease which the landlord can review and approve.  This written sublease also includes a place for the landlord's signature to indicate consent.

Getting Started
-Review your lease to see what it requires and/or allows about subleasing.  
-If your landlord's consent is required, contact your landlord to find out if your landlord is opposed to a sublease, or if there will be some special requirements.  
-Your landlord will likely not give final approval until you name the proposed subtenant and present a written sublease. 
-Because the landlord will evaluate the subtenant in much the same way he or she would evaluate a totally new tenant, try to find someone who meets the income and other requirements that you confronted when you signed the original lease.

When to Review and Revise 
-If the terms and conditions of the agreement have changed since the agreement was reviewed and signed by the parties.
-If you wish to use a similar agreement for another property.