Sublease Agreement Template

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SUBLEASES
A sublease is an agreement between a tenant to an existing lease (the sublessor) and another person
(the sublessee) which states that the sublessee will take over the tenant’s lease for a certain period of
time. When a sublease is in place, the sublessor becomes the landlord of the sublessee. Ohio
Landlord/Tenant law applies in these circumstances and the sublessor continues to be responsible both
to the landlord, as a party to the original lease agreement, and the sublessee, as a party to the sublease
agreement.
DO YOU CURRENTLY HAVE A LEASE THAT YOU ARE SEEKING TO SUBLET?
Your lease agreement likely addresses the issue of subleases. Read your lease carefully and see what
your lease says with respect to subleasing your apartment. Landlords are permitted to prohibit
subleasing or to require that you get their written permission to do so. If you are in a situation where
you want or need to sublease your apartment, it is best to discuss this situation with your landlord first.
If your landlord does agree to permit subleasing, you should get this agreement in writing and include in
that writing the details of your agreement.
If the sublessee does not pay rent or damages the apartment, the landlord will look to you to fulfill the
obligations under the lease. Because you continue to be responsible for the obligations under the lease
agreement, it is important that the terms of a sublease agreement are clear between the parties and put
in writing in the form of a written sublease agreement. To reduce your potential liability in a sublease
situation, you should incorporate the terms of your original lease agreement into the sublease. You
should consider getting a security deposit from the sublessee and you should transfer all utilities out of
your name when applicable. Be sure to record a permanent address for your sublessee and do not
hesitate to ask for references. Before your sublessee moves in, walk through the apartment with
him/her and record any damages that might be charged by the landlord. Plan on doing this walk
through again when the sublessee moves out so that you can hold the sublessee accountable for
damage that they created.
Attached is a sample sublease agreement that you can reference when creating your own sublease
agreement. Please contact an attorney if you have specific legal questions or would like assistance in
drafting a sublease agreement for your use.

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