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Sublease Agreement (Residential)

A Sublease Agreement allows you, as a tenant to sublease your residential property to a subtenant.

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Suitable for Australia

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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.

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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