Residential Sublease Agreement Template
A sublease for an apartment or house in which the tenant rents it to a subtenant for part of the lease term — with the landlord’s written consent on the last page. The parties, the master lease and the dates are entered once, and the total the subtenant pays at move-in is calculated.
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Residential Sublease Agreement
This Residential Sublease Agreement (the “Sublease”) is made on October 11, 2026 between Maria Lopez and James Carter (“Tenant”), as sublandlord, and Priya Nair (“Subtenant”). If more than one person signs this Sublease as Tenant or as Subtenant, each of them is jointly and severally liable for all of that party’s obligations.
1. Master Lease
Tenant rents Unit B, 4127 Pecan Hollow Drive, Austin, Texas 78745 (the “Premises”) from Live Oak Residential LLC (“Landlord”) under a residential lease dated June 17, 2026, whose term ends on June 30, 2027 (the “Master Lease”). A copy of the Master Lease is attached to this Sublease as Exhibit A, and Subtenant confirms having received and read it.
Tenant states that the Master Lease is in full effect, that Tenant has not received any notice of default under it, and that Tenant will have paid all rent due under it through the day before the Sublease Term begins.
2. Sublet Premises
Tenant sublets to Subtenant the entire Premises (the “Sublet Premises”), together with the furniture, kitchenware and household items listed in the move-in inventory signed by Tenant and Subtenant. If only part of the Premises is sublet, Subtenant may also use the kitchen, bathroom, laundry and other common areas of the Premises in common with Tenant.
3. Landlord’s Consent
This Sublease takes effect only if Landlord consents to it in writing, by signing the Landlord’s Consent at the end of this Sublease or a separate written consent. If Landlord has not consented before the Sublease Term is to begin, either party may cancel this Sublease by written notice to the other, and Tenant will promptly refund everything Subtenant has paid under it.
4. Term
The Sublease begins on November 1, 2026 and ends at 11:59 p.m. on April 30, 2027 (the “Sublease Term”), which is before the Master Lease ends. The Sublease Term will not be extended or renewed except in a writing signed by Tenant and Subtenant and consented to by Landlord. If the Master Lease ends for any reason before the end of the Sublease Term, this Sublease ends at the same time.
Tenant will not agree with Landlord to end the Master Lease early or change it in a way that affects Subtenant’s rights without Subtenant’s written consent. If the Master Lease ends early because of Tenant’s default, Tenant is liable to Subtenant for the resulting loss, including the return of prepaid Sublease Rent and of Subtenant’s security deposit as provided below.
5. Rent
Subtenant will pay Tenant monthly rent of $1,850.00 (the “Sublease Rent”), in advance, on or before day 1 of each calendar month, by electronic transfer to the bank account Tenant designates in writing. Sublease Rent for any partial month is prorated on a daily basis.
If any Sublease Rent remains unpaid more than 3 full days after its due date, Subtenant will pay a late fee of $75.00, but not more than the law of the state where the Premises are located permits.
6. Rent Under the Master Lease
As between Tenant and Subtenant, Tenant alone is responsible for paying Landlord the rent under the Master Lease, currently $1,850.00 per month, and every other amount due under it, whether or not Subtenant has paid the Sublease Rent.
If Landlord notifies Subtenant in writing that rent due under the Master Lease has not been paid, Subtenant may pay the Sublease Rent next due directly to Landlord and will give Tenant a copy of the notice and proof of payment. Each such payment counts as Sublease Rent paid to Tenant.
7. Security Deposit and Move-In Costs
When signing this Sublease, Subtenant will pay Tenant a security deposit of $1,850.00. Together with the first month’s Sublease Rent, the total due before Subtenant moves in is $3,700.00. If the law of the state where the Premises are located limits the amount of a security deposit, the deposit will not exceed that limit.
Tenant may apply the deposit to unpaid Sublease Rent, other unpaid charges under this Sublease, and the cost of repairing damage to the Sublet Premises and the furnishings, beyond normal wear and tear, caused by Subtenant, Subtenant’s guests or pets — including any amount Landlord deducts from Tenant’s own deposit for that damage. Subtenant may not use the deposit as payment of the last month’s Sublease Rent. After Subtenant moves out and gives Tenant a forwarding address in writing, Tenant will return the deposit, less any lawful deductions, together with a written itemized list of the deductions, within the time required by the law of the state where the Premises are located.
The security deposit of $1,850.00 that Tenant paid Landlord under the Master Lease remains a matter between Tenant and Landlord. Subtenant has no claim to it.
8. Terms of the Master Lease
Subtenant will comply with every term of the Master Lease that applies to the occupants of the Premises — including its rules on occupancy, guests, pets, smoking, noise, parking, alterations and the use of the Premises — and will not do or allow anything that would breach the Master Lease. To that extent the Master Lease is incorporated into this Sublease, except for its terms on rent, deposits and the term, which this Sublease sets. If this Sublease and the Master Lease conflict, the more restrictive term applies to Subtenant’s use of the Premises.
Subtenant will indemnify Tenant against any claim, charge or loss, including reasonable attorney’s fees, that results from Subtenant’s breach of this Sublease or of the Master Lease. Tenant will perform Tenant’s obligations under the Master Lease that Subtenant has not taken on, and will indemnify Subtenant against any claim, charge or loss that results from Tenant’s breach of the Master Lease.
Subtenant may not assign this Sublease or sublet or rent any part of the Premises to anyone else, including through short-term rental platforms.
9. Utilities
During the Sublease Term, Subtenant will pay for the following utilities and services: electricity, gas and internet, which Subtenant will transfer into Subtenant’s own name for the Sublease Term. Tenant remains responsible for any other utility that the Master Lease requires Tenant to pay.
10. Condition, Repairs and Entry
Before Subtenant moves in, Tenant and Subtenant will inspect the Sublet Premises and the furnishings together and sign a written inventory and condition checklist, with dated photographs, which they will use to compare the condition at move-out.
Subtenant will keep the Sublet Premises clean and sanitary and use all fixtures, appliances and furnishings properly. Subtenant will promptly notify Tenant of any condition that needs repair — in an emergency, by phone at (512) 555-0193 and, if Tenant cannot be reached, also Landlord — and Tenant will promptly pass the request on to Landlord. Landlord’s duty to make repairs under the Master Lease and the law is not changed by this Sublease. Subtenant will pay for the repair of any damage caused by Subtenant, Subtenant’s guests or pets, other than normal wear and tear.
Landlord may enter the Premises as the Master Lease allows. Tenant may enter the Sublet Premises at reasonable times to inspect them or make repairs after giving Subtenant at least 24 hours’ notice, or without notice in an emergency. If state or local law requires a longer notice period, that period applies.
11. Move-Out
At the end of the Sublease Term, Subtenant will move out, remove all of Subtenant’s belongings, return all keys and access devices to Tenant, and leave the Sublet Premises and the furnishings clean and in the same condition as at move-in, except for normal wear and tear. Tenant and Subtenant will inspect the Sublet Premises together on or before the last day of the Sublease Term.
Subtenant may not stay after the Sublease Term ends. If Subtenant does, Subtenant is liable to Tenant for the resulting loss, including any amount Landlord charges Tenant because Subtenant stayed.
12. Lead-Based Paint and Other Disclosures
The building containing the Premises was built in 1974. For housing built before 1978, federal law (42 U.S.C. § 4852d) requires Tenant, as the person offering the housing for sublease, to disclose any known lead-based paint and lead-based paint hazards, to provide any available records and reports about them, and to give Subtenant the EPA pamphlet Protect Your Family From Lead in Your Home before Subtenant is bound by this Sublease. If the Premises were built before 1978, the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, completed and signed by Tenant and Subtenant, is attached to this Sublease as Exhibit B.
Any other disclosure or notice that the law of the state or locality where the Premises are located requires a landlord to give is attached to and made part of this Sublease.
13. Default, Notices and General Provisions
If Subtenant fails to pay Sublease Rent when due or materially breaches this Sublease, Tenant may end Subtenant’s right to occupy the Sublet Premises by giving the notice required by law and may pursue any other remedy the law allows. Tenant will not change the locks, remove Subtenant’s property or shut off utilities to force Subtenant out, except as permitted by law.
Notices to Tenant must be delivered in writing to 2250 Larimer Street, Apartment 612, Denver, Colorado 80205. Notices to Subtenant may be delivered to the Premises. Notices to Landlord must be sent to 8100 Mesa Ridge Drive, Suite 300, Austin, Texas 78759, or as the Master Lease provides.
This Sublease is governed by the laws of the State of Texas. If any provision of this Sublease conflicts with a law that cannot be waived, that law controls and the remaining provisions remain in effect. This Sublease, with its exhibits, is the entire agreement between Tenant and Subtenant and may be changed only in a writing signed by both of them.
Signatures
Tenant and Subtenant have signed this Sublease on the date stated above.
TENANT (SUBLANDLORD): Maria Lopez and James Carter
______________________________
Tenant (signature and printed name)
Date: ____________________
______________________________
Tenant (signature and printed name)
Date: ____________________
SUBTENANT: Priya Nair
______________________________
Subtenant (signature and printed name)
Date: ____________________
Landlord’s Consent
Live Oak Residential LLC, as Landlord under the Master Lease, consents to this Sublease. This consent does not release Tenant from any obligation under the Master Lease, does not amend the Master Lease, does not make Subtenant a tenant of Landlord, and is not consent to any other sublease or assignment.
LANDLORD: Live Oak Residential LLC
______________________________
Karen Doyle, Manager
Date: ____________________
Exhibits
Exhibit A — Copy of the Master Lease
Exhibit B — Lead-based paint disclosure (housing built before 1978) and any other required disclosures
Move-in inventory and condition checklist, signed by Tenant and Subtenant
What it's for
A sublease lets a tenant rent all or part of a home to someone else — the subtenant — for part of the remaining lease term, for example during a work assignment or a semester away. The tenant becomes the subtenant’s landlord (the “sublandlord”) but stays fully responsible to the landlord under the original, or master, lease: the rent is still owed, and damage the subtenant causes can come out of the tenant’s own deposit. A sound sublease therefore binds the subtenant to the master lease and ends before it does.
Most leases allow subletting only with the landlord’s written consent, and some states require consent by statute: in Texas, a tenant may not sublet during the lease term without the landlord’s prior consent (Tex. Prop. Code § 91.005). New York gives tenants in buildings with four or more units a right to sublet with the landlord’s consent, which may not be unreasonably withheld (N.Y. Real Prop. Law § 226-b). Toward the subtenant, the tenant has a landlord’s duties under state law — deposit limits and return deadlines, required notices, and the federal lead-based paint disclosure for housing built before 1978 — and short-term rentals face separate city rules.
The sample is filled in for two tenants in Austin, Texas, who sublet their furnished duplex unit for six months while away on a job assignment, with the landlord’s consent signed at the end. Change the values and every clause — and the move-in total — updates with them.
What it should include
- the tenant (sublandlord), the subtenant and the landlord, and the address of the premises
- the master lease — its date and end date — attached and incorporated
- the part of the premises sublet and any furnishings included
- the sublease term, ending before the master lease ends
- the rent the subtenant pays, to whom and when, and that the tenant keeps paying the landlord
- the subtenant’s security deposit, the total due at move-in and how the deposit is returned
- utilities, the condition at move-in and move-out, and entry
- the landlord’s written consent, and required disclosures such as lead-based paint for pre-1978 housing
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Frequently asked questions
Do I need my landlord’s permission to sublet?
Almost always. Most leases prohibit subletting without the landlord’s written consent, and some states require consent even if the lease says nothing — Texas, for example, does not allow a tenant to sublet without the landlord’s prior consent (Tex. Prop. Code § 91.005). In New York, a tenant in a building with four or more units may request consent by certified mail, and the landlord may not unreasonably withhold it (Real Prop. Law § 226-b). Subletting without a required consent is a breach of the lease that can end the tenancy for both the tenant and the subtenant, so get the consent in writing — the template has a consent block for the landlord to sign.
What is the difference between a sublease and an assignment?
In a sublease, the tenant keeps the lease: the subtenant pays the tenant, the tenant pays the landlord, and the tenant remains liable for everything the lease requires. In an assignment, the tenant transfers the entire remaining term to a new tenant, who then deals directly with the landlord — and the original tenant usually stays liable too unless the landlord releases them in writing. Under the traditional rule followed in many states, a transfer of the whole remaining term is an assignment even if it is called a sublease, which is one reason a sublease should end before the master lease does.
Can I charge a subtenant more rent or a bigger deposit than I pay?
Check your lease and local law first. Some leases forbid any profit on a sublet or require the tenant to share it with the landlord, and rent-regulated apartments have their own limits — in a New York rent-stabilized apartment, for example, a sublease may charge no more than the legal regulated rent plus a surcharge of up to 10% if the apartment is fully furnished (9 NYCRR 2525.6). As a sublandlord you are also bound by your state’s deposit rules: California and New York, for example, generally cap a deposit at one month’s rent, and states set deadlines for returning it with an itemized list of deductions.
What happens to the subtenant if the master lease ends early?
The sublease ends with it. A subtenant’s right to live in the home comes from the tenant’s lease, so if the master lease ends — because the tenant defaults, the tenant and landlord agree to end it, or the landlord terminates it — the landlord can require the subtenant to leave. The template lets the subtenant pay rent directly to the landlord if the tenant falls behind, prohibits the tenant from ending or changing the master lease without the subtenant’s consent, and makes the tenant liable to the subtenant for an early end the tenant causes.
This template is a general starting point. Draftmill is not a law firm and does not provide legal advice; using a template creates no attorney–client relationship, and we do not guarantee that it is correct or suitable for your situation. Laws differ from state to state — adapt it to your situation, and have important contracts reviewed by an attorney licensed in your state. Terms of Service
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