Sometimes, business and profession often compel us to travel and leave our apartments for extended periods. But considering that early termination is not necessary, it’s better to sublease the apartment to a friend. And to ensure that everything goes smoothly, every term and condition must be well documented in a sublease agreement. Read More
A sublease agreement is a lease contract that details the particulars of a sublease. This contract serves as an accessory of a principal lease agreement and is invalid without the consent of the landlord himself. A sublease happens when the tenant leases the property to another third party while the lease is in effect. And, it occurs when the tenant has to relocate temporarily and doesn’t wish to terminate the lease.
How to Make a Sublease Agreement
Subleasing is a perfect way of temporarily leaving your apartment without breaking the lease. This arrangement lets a third party assume your obligations as a tenant to the landlord. However, the conditions of this arrangement should be clear to the sublessee and must be documented as well. Listed below are the steps on how to make a sublease agreement.
1. Make Sure the Landlord Agrees to the Sublease
Before making a sublease agreement, and eventually subletting your apartment, it is essential that consents such an arrangement. Subletting your apartment requires changing the whole original lease agreement, especially when the lease doesn’t allow subletting. And, It is also more important to inform the landlord even if the lease provides for such arrangements.
2. Specify the Parties of the Sublease
After getting the permission of your landlord, the first thing you should do is specify the parties of the sublease. The parties are of a sublease agreement are the sublessor and the sublessee. In making a sublease agreement, you should begin by introducing them as the creators of the sublease agreement along with their names, addresses, as well as the date the agreement was created.
3. Set the Sublease Term
A sublease is temporarily assigning third parties to assume your role as a tenant while your lease is in effect. Because of that, it is also important to set the duration of the sublease, including its starting and expiry dates. Furthermore, it is essential to take note that a subleases term should exceed the term of the original lease.
4. Align Its Provisions with the Principal Agreement
Another essential thing to remember when making a sublease agreement is to align its provisions with the original lease. However, you may also add some provisions of your own, such as personal property provisions and its use. And, always make sure that those provisions don’t violate the original lease.
5. Let the Parties Sign the Document
After outlining and setting the terms and conditions of the sublease, the last thing you should do is finalize the agreement by signing on it. Completing the deal means that both parties accept the provisions inside it. And also, don’t forget to sign all copies of the sublease, including those of the landlord.
Frequently Asked Questions
Will a sublease agreement change the principal lease agreement?
Lease agreements usually don’t permit subletting unless the lessor permits it, while others don’t at all. And if the lessor does agree to such an arrangement, the entire contract will have to be changed, or you may create an addendum as well. The same may also apply even if the lease agreement allows for subletting.
Does a sublease agreement need notarization?
A sublease agreement isn’t usually notarized if your state’s tenancy laws don’t require so. However, there may be times that the lessor will require such for them to honor the sublease. But if you feel the need to notarize the sublease agreement for security, you can always do so by visiting your local public notary.
How long must the sublease agreement last?
A sublease agreement usually covers a period not exceeding that of the original lease term. This is because subleases are temporary by nature, and it only serves as an accessory to the principal lease agreement. But more than that, subleases are only done to temporarily leave the premises for extended periods without breaking the lease.
Is it important for the landlord to have a copy of the sublease?
Yes. Since the sublease functions as an accessory to the original lease agreement. Aside from that, it is also because the landlord is the owner of the subleased property. Giving a copy of the sublease agreement to the landlord allows him to review and ensure that it doesn’t violate the provisions of the original lease. And what’s more, is that giving a copy of the sublease also lets the landlord act as a witness should disputes between the sublessor and sublessee arise.
Do we need to attach a copy of the original lease agreement to the sublease agreement?
Yes, it is. Attaching a copy of the origins lease agreement to the sublease agreement signifies that the terms and conditions of the sublease are aligned with the original lease. Aside from that, it also reminds the parties that the sublease agreement is an accessory to the sublease, and its provision should operate around it. Moreover, a copy of the original lease may serve as proof in case disputes and conflicts arise.
Subleasing is a convenient option for those who have to leave their apartments for a long while, without breaking the lease. This allows them to have a friend assume their roles as tenants while the lease is still in effect. What’s more, subleasing ensures that they still have a place to go back when they return. And these can only be possible by making a sublease agreement.