Sublease agreement

Property & tenancy

An editable Word agreement for a tenant who plans to rent all or part of a rented property to a subtenant with the landlord’s written consent. It helps the parties record the space, payment terms, responsibilities, condition, attachments and signatures. Fill in the bracketed details, attach the consent and lease, and ask an attorney to review it before signing.

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What's in the template

Sublease Agreement

Legal document. Have an attorney review this agreement before signing. Attach the landlord’s written consent and relevant main lease. For a residential sublease, the deposit and inspection clauses are subject to applicable rental law and do not reduce statutory protections.

Agreement details

Date of agreement	[date]
Place of signing	[town or city]
Main lease date or reference	[date or reference]
Main lease attachment	[attachment name]

The parties

The tenant under the main lease is called the tenant in this agreement. The person or organisation renting from that tenant is called the subtenant.

Tenant’s full name or registered company name	[full name or registered name]
Tenant’s identity or registration number	[number]
Tenant’s address and contact details	[address, phone and email]
Subtenant’s full name or registered company name	[full name or registered name]
Subtenant’s identity or registration number	[number]
Subtenant’s address and contact details	[address, phone and email]
Company representative, if applicable	[full name and role]

Property and permitted use

Full property address	[street address, suburb, town or city]
Area being sublet	[whole property, room or described portion]
Shared areas or facilities included	[details or none]
Parking, storage or other included space	[details or none]
Permitted use	[residential, business or other agreed use]

Landlord’s written consent

The parties intend this sublease to proceed only with the landlord’s written consent. Attach the consent and keep it with this agreement.

Landlord or authorised representative	[full name or company name]
Consent date	[date]
Consent attachment	[attachment name or reference]

Sublease period

Start date	[date]
End date or agreed end arrangement	[date or arrangement]
Extension arrangement, if any	[arrangement or none]

The sublease is intended to operate only while the tenant has the right to occupy the property under the main lease. The parties will seek advice if the main lease ends or changes.

Rent, deposit and other payments

Payment	Amount in rand	When and how it is paid	Payee or holder
Rent	[amount in rand]	[payment date and method]	[name]
Deposit	[amount in rand or none]	[payment date and method]	[name holding deposit]
Utilities or shared costs	[amount or calculation method]	[payment date and method]	[name]
Other agreed payment	[amount in rand or none]	[payment date and method]	[name]

For a residential sublease, the tenant will hold the deposit in an interest-bearing account as required by applicable law and credit the interest to the subtenant as required by law. The parties cannot agree to waive statutory deposit protections.

At the end of a residential sublease, the parties will conduct a joint outgoing inspection as required by applicable law. The tenant may deduct only amounts allowed by law, including supported costs for damage beyond fair wear and tear. The tenant will provide an itemised account and supporting receipts, and return any balance and interest within the period required by law.

Use and responsibilities

The subtenant will use the area only for the permitted use recorded above and follow the main lease terms that apply to that use. The tenant will give the subtenant the relevant terms and explain shared arrangements.

Responsibility	Tenant’s agreed duty	Subtenant’s agreed duty
Cleaning and shared areas	[details]	[details]
Utilities and services	[details]	[details]
Repairs and damage reporting	[details]	[details]
Keys, access and security	[details]	[details]
Other agreed matter	[details]	[details]

Condition, contents and access

The parties will conduct a joint incoming inspection as required by applicable residential rental law. They will complete the condition record together and keep a copy. At the end of the sublease, they will conduct a joint outgoing inspection, compare the condition with the incoming record and note any damage beyond fair wear and tear.

Room, item or area	Incoming condition	Existing damage or photo reference	Outgoing condition and notes
[room or item]	[condition]	[details or none]	[condition and notes]
[room or item]	[condition]	[details or none]	[condition and notes]
[room or item]	[condition]	[details or none]	[condition and notes]

Agreed access arrangements	[how and when access will be arranged]
Inventory or photograph attachment	[attachment name or none]

Changes, problems and ending the sublease

Any change to this agreement must be recorded in writing and accepted by both parties. The parties will tell each other promptly about damage, payment problems or other issues affecting the sublet.

How either party may give notice	[agreed method and contact details]
Agreed notice period or ending event	[period or event]
Opportunity to address a breach	[agreed process]
Steps if the main lease ends or changes	[agreed steps]

The parties will first try to resolve a disagreement through discussion. If they cannot agree, they may seek independent legal advice or use another process they both accept in writing.

Attachments

[copy of main lease]
[landlord’s written consent]
[condition record or photographs]
[other agreed attachment]

Signatures

Each signatory confirms they have read this agreement and received or identified the listed attachments.

Tenant or authorised company representative: [full name], [role if applicable], [signature], [date]

Subtenant or authorised company representative: [full name], [role if applicable], [signature], [date]

Witness for tenant: [full name], [signature], [date]

Witness for subtenant: [full name], [signature], [date]

How to fill it in

Review first Have an attorney review this legal document before signing. If a company is a party, confirm its registered name and the signatory’s authority.
Name the parties Enter each party’s full name, identifying details and contact information. Add the representative’s name and role where a company is involved.
Describe the property Give the full address and identify the exact room or portion being sublet. Record shared areas, parking, storage and the permitted use.
Attach consent Enter the landlord or representative’s details and the consent date. Attach the written consent and relevant main lease.
Set the period and payments Fill in the start and end arrangements, including any extension. Complete each payment row and name the person receiving or holding each payment.
Agree on responsibilities Complete the table for cleaning, utilities, repairs, keys and security. Give the subtenant the main lease terms that apply to the sublet.
Record condition and sign Complete the incoming condition record together and arrange a joint outgoing inspection. List the attachments, then have the parties and witnesses sign and date the agreement.

Tips before you send it

Describe the exact room or portion being sublet, including shared areas, parking and storage covered by the landlord’s consent.
Give the subtenant the main lease terms that affect the space, use, access and shared costs.
For a residential sublease, record who holds the deposit and follow applicable protections for interest, inspections, deductions and refunds.
Complete the incoming and outgoing condition records together. Keep dated photographs and note existing damage so it is not confused with later damage.
Avoid blanket deposit deductions. Record the reason and supporting costs for any deduction allowed by law.

Questions & answers

Can I sublet without the landlord’s written consent?

This agreement is for a sublet with the landlord’s written consent. Attach the consent and check that it covers the area and use described.

Can I sublet only part of the property?

Yes. Describe the exact room or portion in the property section. Include shared facilities, parking or storage covered by the arrangement.

Does this agreement replace the main lease?

No. It records the arrangement between the tenant and subtenant. Attach the main lease and ask an attorney how its relevant terms affect the sublet.

What should I record about a residential deposit?

Name the person holding it and keep proof of payment. Applicable rental law protects deposit interest, joint inspections, lawful deductions and refunds, so ask an attorney if you are unsure how it applies.

What happens if the main lease ends or changes?

The sublease depends on the tenant’s right to occupy the property under the main lease. Record the steps the parties will take and ask an attorney to review them before signing.