How to Write a Sublet Contract

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A sublet contract allows someone else to take over the lease of the original tenant. Write a sublet contract with help from a licensed attorney and licensed California real estate broker in this free video clip.

Part of the Video Series: Renting FAQs
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Video Transcript

Hello, my name is Nic McGrue and I'm a lawyer at Polymath Legal located in Los Angeles, California. If you are a renter, but can no longer perform the duties of your lease, finding someone to sublease from you may be a good option. Although it's not required, it's good form to have your sublessor sign a sublease agreement. The first things that you need in a sublease agreement are your name and the sublessor's name. You should also have the date on which the sublease commences. Next, you should describe the property and the premises that is being subleased. A legal description works best such as the meets and bounds or the assessor's parcel number but generally the normal address will work just as well. In the sublease, you want to make sure that it contains any agreement that you guys have talked about that you want to become part of the agreement. If you have discussed something but it's not written down in the sublease, a court will view that as not being part of the agreement at all. Another importance of the sublease is to have the sublessor be subordinate to your master lease. Now the master lease is basically the lease that you signed with your landlord. You want the sublessor to also submit to that lease because the sublessor is potentially the one who is taking over your obligations under the lease. So you want to make sure that the obligations in your lease are also in the sublease. Finally, you need to have the sublessor sign and date the sublease agreement. One thing you should also do is attach your master lease as an exhibit to the sublease. By doing this, you are incorporating the master lease into the sublease and that helps bind both you and the sublessor to the terms of the master lease. One more quick note, you should make sure to get approval from your landlord before subleasing. Now most laws will not allow a landlord to withhold approval of a sublease without reason but usually your lease will say that the landlord does have the right to approve or disapprove. So make sure you get approval first. My name is Nic and this has been how to write a sublease agreement.


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