Free Residential Sublease Agreement

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Residential Sublease Agreement

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Your Residential Sublease Agreement

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RESIDENTIAL SUBLEASE

THIS SUBLEASE AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

________________________

(the "Sublandlord")

OF THE FIRST PART

- AND-

________________________

(the "Subtenant")

OF THE SECOND PART

  1. Background
  2. This is an agreement (the "Sublease Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublease Agreement are subject to the terms and restrictions of the master lease (the "Master Lease") dated February 24, 2024 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following house and any improvements on those lands (the "Premises") municipally described as: __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________.

IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Subleased Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. Subleased Premises
  2. The Sublandlord agrees to sublease to the Subtenant all of the Premises (the "Subleased Premises"), for use as a residential Subleased Premises only. Neither the Subleased Premises nor any part of the Subleased Premises will be used at any time during the Term of this Sublease Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. Subject to any restrictions or conditions in the Master Lease, the Subtenant may keep pets in the Subleased Premises.

    If this privilege is abused, or if the pets damage the Subleased Premises, or if the pets cause problems or interfere with the use and enjoyment of the Subleased Premises for the other tenants, the Sublandlord may revoke this privilege upon thirty (30) days' notice.

  4. The Subtenant and members of the Subtenant's household will not smoke anywhere in the Subleased Premises nor permit any guests or visitors to smoke in the Subleased Premises.
  5. The Subtenant and members of the Subtenant's household will not vape anywhere in the Subleased Premises nor permit any guests or visitors to vape in the Subleased Premises.
  6. Term
  7. The term (the "Term") of this Sublease Agreement commences at 12:00 noon on February 25, 2024 and ends at 12:00 noon on February 26, 2024.
  8. Rent
  9. The amount of rent and the frequency of payment are the same as under the Master Lease.
  10. The Subtenant will deliver or send the rent to Sublandlord #1 at __________, or at such place as Sublandlord #1 may later designate.
  11. Utilities
  12. All payments for utilities and other charges connected with the Subleased Premises, which are to be paid by the Sublandlord under the Master Lease, will be paid by the Subtenant for the remainder of the Term.
  13. Maintenance
  14. The Subtenant agrees to surrender and deliver to the Sublandlord the Subleased Premises and all furniture and decorations within the Subleased Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
  15. The Subtenant will be liable to the Sublandlord and the Landlord for any damages occurring to the Subleased Premises or the contents of the Subleased Premises or to the building which are done by the Subtenant or the Subtenant's guests.
  16. Alterations and Improvements
  17. The Subtenant will have the same rights to make such alterations and improvements to the Subleased Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
  18. Taxes
  19. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Subleased Premises and any personal property on or about the Subleased Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  20. Event of Default
  21. The Subtenant will default under this Sublease Agreement if any one or more of the following events (the "Event of Default") occurs:
    1. The Subtenant fails to pay the Rent or any amount of it when due or within any grace period, if any.
    2. The Subtenant fails to perform any of its obligations under this Sublease Agreement or any applicable obligation under the Master Lease.
    3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
    4. The Subtenant abandons the Subleased Premises or any part of the Subleased Premises.
    5. The Subtenant uses the Subleased Premises for any unpermitted or illegal purposes.
    6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublease Agreement pertaining to the Subleased Premises.
    7. The Subleased Premises, or any part of the Subleased Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
    8. Any other event of default provided in the Act.
  22. Remedies
  23. Upon the occurrence of any Event of Default, the Sublandlord has any or all of the following remedies:
    1. Terminate the Sublease Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublease Agreement or the Master Lease, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublandlord may reenter the Subleased Premises or any part of the Subleased Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Subleased Premises.
    4. Any other remedy provided in the Act.
  24. No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublease Agreement or the Master Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord may from time to time exercise any one or more of such remedies independently or in combination.
  25. Upon the expiration, termination or cancellation of the Master Lease or this Sublease Agreement, all obligations of the parties under this Sublease Agreement will be extinguished.
  26. Any improvements remaining on the Subleased Premises upon termination will revert to the Sublandlord and will be free of any encumbrance at the time of such reversion.
  27. Governing Law
  28. It is the intention of the parties to this Sublease Agreement that the tenancy created by this Sublease Agreement and the performance under this Sublease Agreement, and all suits and special proceedings under this Sublease Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Alberta, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  29. Severability
  30. If there is a conflict between any provision of this Sublease and the Province of Alberta (the "Act"), the Act will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublease Agreement.
  31. If there is a conflict between any provision of this Sublease Agreement and any form of Sublease Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublease Agreement.
  32. In the event that any of the provisions of this Sublease Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublease Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
  33. Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
  34. The Subtenant will ensure that the Subleased Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Subleased Premises.
  35. Subletting
  36. The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of the Sublandlord and the Landlord.
  37. Notices
  38. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es):
    • Sublandlord: ________________________
      Address: ______________________________________________________________
  39. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es):
    • Subtenant: ________________________
      Address: ______________________________________________________________
  40. All notices to be given under this Sublease Agreement will be in writing and will be served personally or sent by certified or registered mail using Canada Post.
  41. Master Lease
  42. This Sublease Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Sublease Agreement, and which is incorporated as if it were set out in this Sublease Agreement.
  43. General Provisions
  44. In the event of any legal action concerning this Sublease Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  45. Subject to the other provisions of this Sublease Agreement, this Sublease Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublease Agreement are not legally valid and, therefore, are not binding upon either party.
  46. The words "Sublandlord" and "Subtenant" as used in this Sublease Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublease Agreement.
  47. The Sublandlord may enter the Subleased Premises upon 24 hours' notice for any of the following reasons:
    1. to inspect the Subleased Premises;
    2. to maintain the Subleased Premises; or
    3. to make repairs that the Sublandlord is obligated to perform.
  48. The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublease Agreement be construed as creating a partnership or joint venture between the parties to this Sublease Agreement.
  49. If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublease Agreement by affixing their signature below.
  50. Each signatory to this Sublease Agreement acknowledges receipt of an executed copy of this Sublease Agreement.
  51. This Sublease Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.



_____________________________
Witness



_____________________________
Sublandlord



_____________________________
Witness



_____________________________
Subtenant

Consent of Landlord to Sublease Agreement

The undersigned, the landlord in the Master Lease of February 24, 2024, hereby consents in writing to the foregoing Sublease Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Lease.

Dated: _____ day of__________________, 20____



_____________________________
Witness



_____________________________
Landlord

Last Updated January 31, 2024

Written by


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What is a Residential Sublease Agreement?

A Residential Sublease Agreement is a contract a tenant uses to allow someone else to occupy their rental space for a portion or the remainder of the original lease.

You can sublet an entire rental property or a portion, such as one room. 

A Residential Sublease Agreement is also known as a:

  • Sublease contract
  • Sublet contract
  • Subletting agreement
  • Sublease form

Looking for a Residential Sublease Agreement in French?

Use our Contrat de sous-location résidentielle.

Who are the parties to a Residential Sublease Agreement?

A Residential Sublease Agreement is between a sublandlord and subtenant:

  • The sublandlord, also known as the immediate landlord or head tenant, is the original tenant of the property and has a tenancy agreement with the landlord
  • The subtenant is the new tenant renting from the sublandlord

It’s important to note that although the landlord owns the residential property and rents it to the original tenant, the Sublease Agreement is only a contract between the sublandlord and the subtenant.

Yes, subleasing is legal in Canada as long as your Residential Lease Agreement permits it. Each province and territory also has set requirements for subleasing, so check the relevant legislation.

For example, Ontario’s Residential Tenancy Act (RTA) only considers it a sublease arrangement when the sublandlord vacates the rental property. Say you have a friend renting the basement of your rental house. They may be considered a roommate or occupant under the RTA, not a subtenant.

Though verbal agreements are legally binding, they are hard to prove. Having an agreement in writing is best for both the sublandlord and subtenant to have a legally binding contract in place. 

Yes, though it is legal to sublease, you’ll likely need written consent from your landlord to do so. You may be violating your lease agreement and provincial tenancy laws if you don’t receive consent.

Each province and territory has regulations on how a landlord can approach a sublease request. For example, the Alberta government requires a landlord’s consent. However, landlords can only refuse with reasonable cause and must give their response within 14 days of receiving the request.

A landlord can reject a sublease request when a subtenant can’t pass an application screening due to bad credit or if there is a capacity limit for the property. If a landlord gives no reasonable cause, tenants can look to their provincial regulations or tenancy boards on how to report or appeal the decision.

How does a Sublease Agreement work?

As a sublandlord, you take on the responsibilities of a landlord but are still liable for your original lease agreement. This is because your subtenant has no contractual relationship with your landlord. Your responsibilities may include:

  • Reporting maintenance problems
  • Paying rent to the landlord

A subtenant is responsible to the sublandlord, and the sublandlord is accountable to the original landlord. However, as the sublandlord, you are accountable if the subtenant breaches the original agreement. 

A Sublease Agreement can’t go beyond the original agreement’s end date. If the subtenant is to stay in the property, they must negotiate with the landlord for a new lease agreement.

How to write a Residential Sublease Agreement

Writing a Sublease Agreement is easy with LawDepot’s questionnaire. Once you select the province where the sublease will be used, include the following information:

  • Property type, such as a house, apartment, condo, room, or any other space
  • Sublandlord and subtenant details, including names and contact information
  • Landlord’s details and consent to prove you have permission to sublet
  • Sublease area, meaning if it’s the whole property or a portion of the unit
  • Sublease terms, including the type of agreement (e.g., fixed end date, month-to-month, etc.) and the start and end dates 
  • Rent details like the amount, due date, and collection type (you can also add utilities, damage deposit, and insurance requirements)
  • Use of the property, including whether pets, smoking, vaping, and  property alterations (e.g., painting) are allowed
  • Required notice for check-in inspections, if applicable
  • Signing date

When you sublease, you must provide the original lease agreement as it contains all the obligations the subtenant must follow along with the clauses in a Sublease Agreement.

Sublease Agreement versus Assignment

A Sublease Agreement allows you to keep your lease agreement while someone else rents a portion of the space, or the whole property, from you. This can help if you need financial assistance or have temporarily or permanently relocated.

A Lease Assignment Agreement means you’re signing over the original lease agreement to a new tenant, ultimately giving up the rental property and obligations. The new tenant takes on all the rights and responsibilities of the original agreement, and you lose your rights and obligations. A tenant may consider a lease assignment if they need to relocate permanently.

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