First off, to sublease a rental property, a tenant has to check the terms of their Residential Lease Agreement to see if subleases are permitted under their lease terms. States have varying laws regarding subletting which determine whether a landlord has the right to disallow a tenant from subletting.
If a lease prohibits subleasing, the tenant may ask the landlord to consider amending the lease so they can sublease their rental.
Even when subleases are allowed, most tenants must get their landlord’s consent before letting a subtenant move in. If the landlord has not yet given their written approval, the Sublease Agreement can include a section where the landlord can acknowledge that they allow the sublease.
Tenants have to understand that a Sublease Agreement does not invalidate the terms of the original Residential Lease Agreement. In other words, the original tenant retains their obligations to the landlord and is liable for any damage or lease violations that the subtenant may cause. In addition, the sublease cannot exceed the length of time that the original tenant agreed to rent the property for, as indicated in the original lease.
Both the subtenant and sublandlord should sign the sublease and keep a copy for their records. In addition, the sublandlord should either attach a copy of the original lease to the Sublease Agreement or deliver it directly to the subtenant.