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Learn more about Sublease Agreement in India

A Sublease Agreement is a contract that permits a renter to sublease a space that they are already renting. Typically, the Sublet Agreement is signed by the original tenant and a new renter. Before subletting your property, you must secure it and hold the new tenant liable for any damages. In general, the Sublease Agreement follows the terms and conditions of the original Lease Agreement between the Landlord and the Tenant, except that the Landlord is not participating in the process. Before a tenant starts the subletting process, the underlying lease agreement must be evaluated to determine that subletting is permissible, and permission from the Landlord must be obtained. Download this Sublease Agreement in English and Word format to ensure that your new renter understands terms and risks before subleasing the property.

Table of contents


What is a Sublease Agreement?

A sublet is when a tenant rents property to a third party for a portion of the tenant’s current lease contract. Even if a renter sublets a property, the original tenant is still responsible for the lease agreement’s responsibilities, such as monthly rent payment. Subletting with the landlord’s permission is permitted in India. If the agreement allows it, the tenant may sublet a portion of the property to a third party. Subleasing occurs when a tenant whose name appears on the lease rents a room, a piece of the property, or the entire property to another (or subletting). The subtenant must pay rent and follow the lease requirements, but the primary tenant is ultimately liable for the lease.

What is included in the Sublease Agreement?

A Sublease Agreement must be highly precise and all-inclusive of the expectations of the original tenant and the landlord of the property in order to be effective. Ensuring that all of the information a subletter will want is contained in the Sublease Agreement can help avoid future legal disputes, since the sublease agreement is used to establish what legal actions original tenants, landlords, and subletters can seek.

Residential Sublease Agreement

➤ Monthly rent cost
➤ Who is in charge of repairs and maintenance?
➤ Agreement length
➤ Necessary utilities and how they will be paid
➤ Liability information
➤ Guest policy
➤ Deposit of security
➤ Disclosure of lead-based paint
➤ The original residential or business lease agreement's terms
➤ Anti-smoking policy
➤ Landlord approva
➤ Signatures and dates of all parties involved

Commercial Sublease Agreement

When it comes to legal redress, commercial sublease agreements are among the least protected. Landlords should need the following information before authorizing a sublease agreement to protect themselves:

➤ Potential subletters' names and contact information
➤ Details about the business subletter operates
➤ Full financial data of the subletter
➤ Information about any property improvements that may be required
➤ Whether or not a subtenant is ready to sign a commercial sublease agreement

How to sublet your property?

1. Conduct a background check

Subletting your flat or property to the first individual who inquires is not a good idea. You must ensure that a prospective renter is dependable, financially secure, and does not intend to leave for an extended period of time. If your renter goes missing after a month, you’ll have to pay their rent as well as the rent for the property you’re presently sleeping in. You may also lose your security deposit if they cause damage to the property. Conduct interviews with every applicant so you can find out where they work and what their financial condition is.

You must ensure that they generate enough money to pay the rent on time each month. If you have roommates, invite them to meet the new renter to ensure a good fit. You can examine the possible subtenant using the Rental Application form.

2. Make an agreement

When you select a renter to sublease your home, you must create a formal agreement to avoid potential legal issues. If you don’t have a lawyer, there are many subletting agreement templates available online that you may utilize. You must also select whether or not to need a security deposit from your tenant. It is usually a good idea to do so in case the tenant unexpectedly quits without warning or damages the property in any manner. Make sure the agreement includes language about the lock-in time.

3. Remove yourself from the apartment

After all of the paperwork are completed, you may finally pack your belongings and go. Assure that the flat is in good shape for your prospective renter. If you need to leave any of your stuff behind because you don’t have enough space to bring everything with you, contact your landlord first.

How does a Sublease Agreement protect?

Our paperwork protects you from various hazards and insures you against the risks of subletting. You will gain the following benefits by downloading the contract:

➤ Protection with a penalty clause in the event of late rent payment by your sub-tenant
➤ Payment of a security deposit to protect you against any deterioration
➤ Payment of the property's charges by the sub-tenant
➤ Respect of the terms and conditions of the initial rental agreement between the tenant and the owner

In our agreement, you will find clauses relating to the duration of the rental, the requirement and amount of the security deposit, the work that can be done in the property, the application of the conditions of the main contract between the owner and the lessor…

It is a contract with clear and explicit provisions intended to avoid any future problems and confusion.

What are Tenant and Subtenant responsibilities?

When subleasing an apartment, the original renter should do everything possible to select someone they believe is trustworthy and will continue to pay the rent. The major reason for doing so is because the original renter is still responsible for ensuring that the rent is paid. The subtenant is usually not required to respond to the landlord; the landlord can often only sue the original tenant for rent. If the subtenant fails to pay the rent on time, the landlord has the right to remove the original tenant. If the subtenant owes many months of overdue rent, the original tenant must ensure that it is paid.

Similarly, even if they are no longer living there, the original renter is responsible for keeping the rental in excellent condition.

What if Subtenant does not pay the rent?

If you are subletting and the subtenant does not pay the rent, the tenant is accountable for the nonpayment. In reality, the subtenant is obligated to pay the tenant’s rent in accordance with the terms of the lease.

What if Tenant sublet without permission?

Any subletting by a tenant must be done with the written agreement of the landlord who has leased the premises to the tenant. If the landlord does not provide the tenant formal permission to sublease, any subletting done by the tenant is unlawful, and the renter should be evicted from the premises.

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