New Jersey Residential Sublease Agreement

The New Jersey sublease agreement is a binding legal contract between an existing tenant (“sublessor”) and a new tenant (“sublessee”). In exchange for regular, periodic payments towards the sublessor’s rental obligation, the sublessee gains access to all or part of the rental property.

A sublease agreement is designed to help a tenant who is not able to stay on the premises of the property that they are renting for part of the term of their lease. This could be a student who is going to be away from campus during the summer semester or a person who is going to be away for a few months for a vacation. The idea of a sublease agreement is that the tenant signs their rights to the unit over for the specified amount of time. The new tenant will have all of the same rights as the original tenant, and when the sublease agreement is up, the original tenant can either move back in or allow the lease to be renewed by the sublessee. 

Subletting Laws in New Jersey

In New Jersey, there are no specific subletting laws that need to be followed, but if the original lease forbids the tenant to sublet the property, a sublease agreement cannot be created. If there is not a clause prohibiting it, the landlord cannot keep the tenant from subletting the rental. The terms of the original lease document will remain the same, but the landlord may wish to provide their consent for the sublease agreement. Before creating an agreement, the tenant will need to send written confirmation that the agreement is going to be happening to the landlord to get their consent for the agreement.  Also, make sure that they sign and date the sublease agreement document.

What to Include in a New Jersey Sublease Agreement

  • The names of the sublessee and the sublessor.
  • The address of the unit that is being rented.
  • The amount of rent that the sublessee will be required to pay. Information about the security deposit and the utilities should be included as well.
  • Make sure to include the terms of the lease. This can include whether pets are permitted on the premises, parking rules, and quiet time that they will need to abide by.
  • Both the sublessor and the sublessee will need to sign and date the document, and the landlord will need to give their consent to the agreement.