Sublease Agreement (Residential)
A Sublease Agreement allows you, as a tenant to sublease your residential property to a subtenant.
4.5 (152 reviews)
Last updated December 18, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This Sublease Agreement is for the subleasing of a residential property by an original tenant to another party. This is generally done through a sharehousing arrangement but in some cases may also be done with the subtenant occupying the whole property.
This Sublease Agreement clearly documents the obligations of both the tenant and the subtenant during the sublease period. It is important that you tailor it to meet your requirements. For instance, it assumes that the sublease will be for a particular period. You can either modify these provisions, or agree on renewal terms when the sublease is coming to an end.
The terms of subleases are generally not covered or prescribed by the residential tenancies legislation of different states, so it is important that you clearly state those terms in writing, as in this document.
It is often a requirement of the main lease that the landlord approve of this sublease, or at the very least provide a general approval that the property be subleased. This approval should be conveyed in writing, and generally does not need to take any particular form.
This document provides for the subtenant to inspect the condition of the property and note any issues. This should be accompanied by photos of any defects. This is so that, at the end of the sublease, both parties may accurately assess what defects were caused by the subtenant and which preceded the sublease.
This document is not appropriate for commercial tenancies. Commercial tenancies are regulated by a separate set of legislation on a state by state basis.
The Legal Risk Score of a Sublease Agreement (Residential) Template
Our legal team have marked this document as low risk considering:
- The subtenant is bound by all terms of the original master lease as if they were directly included in the sublease, which could expose the subtenant to unexpected obligations and restrictions.
- The subtenant is prohibited from subleasing or assigning the premises, limiting flexibility and control over their rental options.
- The security deposit is held in trust and will be disbursed for damages or defaults as provided by law, which could result in disputes over what constitutes damage or a default.
Sublease Agreement (Residential) Checklist
Complete your free Sublease Agreement (Residential) with our checklist
Ensure Proper Signing
Both the Tenant and the Subtenant must sign the agreement to validate it, as indicated in the "Signed as an Agreement" section.
Attach Master Lease
Attach a copy of the Master Lease to the Sublease as referenced, to ensure that all parties have full visibility of the overarching lease terms.
Conduct and Document Inspection
Complete the inspection checklist thoroughly, documenting any defects or issues, to ensure that the Subtenant acknowledges the condition of the premises at the start of the sublease.
Secure Deposit Handling
Ensure that the security deposit is paid and held as specified, to safeguard against potential disputes related to property damage or defaults.
Use this Sublease Agreement if:
You are a tenant (as stated on the original lease) and are subleasing the rental property to another party.
What does the Sublease Agreement cover?
- Premises;
- Sublease term;
- Terms for the sub-lessee to pay the rent;
- Security deposit;
- Landlord's consent;
- Incorporation of master lease; and
- Subleasing and assignment.
Other names for Sublease Agreement include:
- Sublease Contract;
- Sublease Agreement Form; and
- Subletting Contract.
Other documents you may need:
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