A sublease agreement is a contract by which some or all of the property rights a tenant has under a residential Lease agreement is conveyed to a third party. The pros and cons of writing a sublease agreement versus buying a state specific, attorney prepared contract online for less than ten dollars.

How to write a sublease agreement and the pitfalls?

A sublease contract should contain the following clauses:

1. Sub-lessor(s) information.

2. Sub-tenant(s) information.

3. The premises location.

4. Term of the sublease agreement including starting and ending dates.

5. Rental payment: The monthly rental payment.

6. Agreement Termination: The date the agreement terminates.

7. Utilities: It is usually written that all charges for utilities connected with premises which are to be paid by the sub-lessor under the master lease shall be paid by the subtenant for the term of this sublease.

8. Property Condition: This clause states that sub-lessor will surrender the premises back at the end of the sublease in the same condition received in at the beginning of the term, reasonable wear and tear excepted. The subtenant will be liable to the sub-lessor for any damages occurring to the premises or the contents thereof or to the building which are done by the subtenant or his guests.

9. Deposit: Subtenant agrees to pay sub-lessor an agreed upon deposit to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. Sub-lessor agrees that if the premises and contents thereof are returned to him/her in the same condition as when received by the subtenant, reasonable wear and tear thereof excepted, and if there is no unpaid rent or unpaid utility bills owed by the subtenant, he/she will refund to the subtenant the deposit amount in full at the end of the term, or within 30 days thereafter.

10. Inventory clause.

11. Original Lease clause.

What are the pitfalls of writing a sublease agreement?

A written sublease contract and free sublease contracts downloaded online are both almost always incomplete and contain errors. When dealing with a troublesome tenant that either fails to remit rent or damages the property, an attorney prepared sublease is a must to make sure the sub-lessor’s legal rights are fully protected.

Is obtaining a properly drafted sublease agreement a must?

Yes. It is an absolute must. A proper sublease is state specific, attorney prepared and comprehensive for your total legal protection.