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How to Fill Out a Sublease Agreement

How to Fill Out a Sublease Agreement

Moving into a new apartment is an exciting time. It can also be stressful. You've got to haul your stuff, change your address and complete all that rental paperwork. The most important piece of paperwork is the lease, the legal document that protects your rights as a tenant. You'll still need a lease if you're renting from a tenant rather than directly from a landlord. The resulting document, called a sublease agreement, looks and works almost exactly the same way as a lease agreement.

Instructions

    1

    Determine what elements of the rental are important enough to you that you need to have them on the sublease agreement. These may include the duration of the sublease, the dollar amount of the security deposit, and the amount of advance notice the landlord must give you before raising rent. Negotiate with your prospective landlord or sublessor---the tenant on whose lease you will be subleasing---to get those items on the sublease.

    2

    Contact and involve the landlord in the sublease signing process. Most lease agreements prohibit a tenant from subletting without the landlord's approval. Tenants and sublessees often prefer to cut out the landlord in favor of a more informal sublease agreement. This can put your tenancy at risk because if the tenant does not have the authority to independently sublet to you, then your sublease agreement may be invalid. By involving the landlord you will know that the sublease agreement is legal and compatible with the master lease.

    3

    Read the sublease agreement carefully. Landlords usually furnish sublease agreements in a nearly complete form. They or their lawyers write these documents to maximize their rights and minimize yours. Be especially careful if you are using an informal lease agreement written by the sublessor. You may want to consult with an attorney to review the document and suggest changes. If not, at least make sure that there aren't any obvious traps where the landlord or the sublessor can interrupt your subtenancy or impose other unreasonable restrictions upon you. You can use the Internet to look up the meaning of anything in the sublease you don't understand.

    4

    Verify the parties you will be dealing with, the landlord or the sublessor, when it comes to paying the rent and for requesting maintenance work and repairs.

    5

    Sign and date the sublease agreement wherever you are prompted to do so, and make sure the other parties sign and date it as well. Keep an original signed document for yourself.


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