This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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When the tenant of a particular piece of property wishes to give his or her rights under the lease to another party, the situation warrants a sublease. Subleases can apply to both residential and commercial property. Depending on what the original lease of the property states, the landlord of the property may need to give permission to the tenant to sublet the premises. To protect both the current tenant and the subtenant, it is important to have a contract in place that describes each party’s rights and responsibilities. Commercial tenants should speak with an attorney to draft a sublease agreement due to the high value of the property. A residential tenant can draft a sublease for all involved parties to agree to and sign.