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If the original tenant of a property wishes to establish a subsequent lease with a new tenant, this is known as a sublease. Like the master lease, it requires proper documentation. This is achieved through the establishment of a sublease agreement.

The document will lay out the stipulations of the agreement, including the rent amount, a copy of the original lease agreement, and more. Here is a quick look at how the sublet workflow goes in Washington.

What to Include

You want to ensure that the new tenant has all the details needed and that the contract captures all the necessary details. These include:

  • The agreement's beginning and end dates
  • How paying rent will work and how unpaid rent is handled
  • To whom rent is to be paid
  • Inventory of items that the property will bear
  • How utilities will be paid
  • A copy of the original lease agreement, explaining that the terms will apply to the sublease
  • Signature of the landlord, as well as those of the tenant and subtenant
  • Any other special terms that may be relevant to the agreement

How to Write One

Your Washington sublease agreement needs to be as comprehensive as possible. The original lease, for example, may have included how the eviction process works, rent requirements, expectations of both parties, etc. Similarly, the sublease agreement must cover all bases. Some of the areas to think about are:

  • Who all parties to the contract are
  • Terms external to the original lease agreement that will govern the sublease
  • Any restrictions that the new tenant should abide by
  • Having the dates and signatures
  • Explaining what the new tenant is responsible for

Subletting Laws

Washington state law does not specifically speak to sublease agreement policies. Therefore, this will be covered under the original lease. If there is no clause covering subletting, then the landlord must accept any such request of the original tenant.

Written permission to establish a sublease agreement must be requested. Certified mail must be used to send this written notice for confirmation of receipt.

Sublessors

Original tenants, after taking on the role of a sublessor have several responsibilities as a part of the agreement. These include:

  • Following the legal eviction process if it becomes necessary to have the subtenant removed from the property
  • Ensuring that the requirements of the landlord established in the initial agreement are conveyed in the subletting contract
  • Returning the security deposit when the lease ends

Build Your Own

DoorLoop makes it very convenient for tenants to establish a Washington sublease, by providing comprehensive forms. View and use them below:

However, if you want to create your very own from scratch, you can also use this custom sublease agreement creation tool.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

An initial tenant should request permission from the landlord via a certified letter to begin a sublease. Since there are no laws in Washington about the matter, it is guided by the original agreement. To ensure that subletting agreements are comprehensive, take advantage of the convenient forms above!

FAQs

Does the Sublessor Maintain the Responsibility to Pay Rent with a Sublease?

This depends on what the agreement says. The sublessor could have the sublessee directly pay the landlord.

Why Should the Sublessee Get a Copy of the Original Lease Agreement?

The landlord would've established requirements that neither initial tenants nor subtenants should be in breach of. New tenants use the original lease document to understand these stipulations.

Is Establishing a Sublease Agreement Illegal in Washington?

Washington laws do not speak directly to subtenant affairs. Therefore, a landlord will be the one stating what is legal and accepted in the original document.

Can I customize my own form or agreement?

Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.

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David is the co-founder & Head of Special Projects of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!