Commercial Sublease Agreement Help Guide

Our commercial sublease agreement provides a simple and effective solution for subletting when the tenant is unable to continue occupying the unit. The following provides an overview of the key considerations when completing your agreement.

Obtaining the Landlord's Consent to Sublet

The original lease may or may not require the tenant to obtain the landlord's written consent to sublet the premises. If such consent is required, be sure to have the landlord sign a copy of the consent page provided to you in Exhibit B. Even if the original lease does not require written consent, it is recommended that the tenant still have the landlord sign this consent page so that there will be no question in the event of a dispute.

Executing Your Sublease

After each tenant and subtenant signs the commercial sublease agreement, attach a copy of the original lease agreement executed between the tenant and landlord to Exhibit A. Also, it is a good idea for both the tenant and subtenant to initial the bottom right side of each page. This will help prevent someone from claiming that one of the pages was not included at the time of signing.

Move-In/Move-Out Inspection Checklist

This agreement includes a comprehensive Move-In/Move-Out Inspection Checklist to provide evidence to facilitate the security deposit process. It is highly recommended that this checklist be completed both at move-in and move-out regardless of which state this agreement occurs in; however, state law requires that a move-in checklist MUST be completed in the following states:

  • Arizona (subtenants also have the right to be present at a move-out inspection)
  • Georgia
  • Hawaii (subtenants also have the right to be present at a move-out inspection)
  • Kansas (completed jointly within five days of move-in)
  • Kentucky (completed jointly)
  • Maryland
  • Massachusetts (only required if a security deposit is collected)
  • Michigan
  • Montana (only required if a security deposit is collected)
  • Nevada
  • New Hampshire
  • North Dakota
  • Virginia (completed within five days of move-in by the parties separately or together, and the report must disclose the known presence of mold)
  • Washington (only required if a security deposit is collected)
  • Wisconsin (the subtenant has a right to inspect the rental unit, provide a list of defects, and receive a list of damages charged to the prior tenant)

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