Sublease Agreement Checklist: What to Verify Before Signing
Why Sublease Agreements Require Extra Scrutiny
A sublease involves three parties: the original landlord, the original tenant (sublandlord), and the subtenant. This creates layered obligations and risks that a standard lease does not have. The master lease controls what the sublandlord can and cannot do, which directly affects your rights.
Master Lease Compliance
- Does the master lease permit subleasing? Many leases require landlord consent
- Has the landlord provided written consent to this specific sublease?
- Have you reviewed the master lease itself? The sublease cannot grant rights the sublandlord does not have
- Does the master lease have restrictions on use, hours, or modifications that affect your plans?
Sublease Terms
- Does the sublease term extend beyond the master lease expiration? If so, it could be invalid
- What is the rent amount, and how does it compare to the master lease rent?
- Who is responsible for maintenance and repairs — you, the sublandlord, or the master landlord?
- What common areas and amenities are you entitled to use?
Liability and Risk
- If the sublandlord defaults on the master lease, what happens to your sublease? You could be evicted even if you have paid all your rent
- Are you jointly liable with the sublandlord for master lease obligations?
- Does the sublease include indemnification from the sublandlord if the master lease is terminated?
- What insurance are you required to carry?
Financial Terms
- What is the security deposit amount, and who holds it?
- Are there CAM charges or other pass-throughs in addition to rent?
- What happens to your deposit if the sublandlord defaults on the master lease?
Termination
- What are your termination rights versus the sublandlord's?
- Does termination of the master lease automatically terminate your sublease?
- Is there a cure period if either party defaults?
When to Consult a Lawyer
Subleases carry unique risks because your tenancy depends on someone else's lease compliance. Consider having a real estate attorney review both the sublease and the master lease before committing.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.