A Tennessee sublease agreement outlines how a current tenant rents a unit (or a portion of it) to a new occupant while the original lease stays active. This document guides a smooth transition between tenants, keeps the subtenant responsible for the same terms, and supports property owners who want to maintain explicit and lawful rental arrangements.
Does a tenant need a landlord’s permission to sublease in Tennessee?
In Tennessee, a tenant should obtain the landlord’s written consent before any subleasing takes place. State law leaves subletting to the lease, meaning property owners should use clear language in their contracts to maintain control over subletting in their rentals.
Landlords should address subleasing rules directly within their Tennessee lease agreement. To cover subleasing in future contracts, property owners should use a state-specific lease builder that will draft the agreement on their behalf.
Information to Include in a Tennessee Sublease
Landlords should treat a sublease the same way they treat any standard lease, with clear terms that outline each party’s duties and expectations. The following list highlights the key information landlords should include within a Tennessee sublease:
Names of landlord and sublessor: Include the full legal names of the property owner and the sublessor to set clear expectations about who holds responsibility under the sublease.
Rental unit address: Add the complete street address so everyone understands the exact unit covered by the agreement.
Length of the sublease agreement: List the precise start and end dates to establish a defined rental period for the subtenant.
Rent amount: Note the monthly rent the subtenant must pay and state the due date to avoid confusion about payment timing.
Division of utilities: Clarify which utilities the subtenant must handle and reference any related documents, like a landlord-tenant utility agreement.
Security deposit information: Describe the required deposit, how the landlord manages it, and the rules that apply under security deposit laws in Tennessee.
Maintenance protocols: Explain how the subtenant handles basic upkeep and repairs, and provide guidance on rental property maintenance.
Property policies: Outline the rules the property owner expects the subtenant to follow, including parking guidelines, guest limits, and any noise restrictions.
Early termination terms: Specify the circumstances that allow either party to end the sublease early and note any notice requirements or related fees.
Landlord’s right to entry: Detail when the property owner may enter the rental property, and include a reference to the rules that apply when they need to enter.
Renter’s insurance: State whether the subtenant must carry renter’s insurance and note that it protects both the unit and the subtenant’s personal belongings.
Landlord’s consent to sublease: Confirm that the property owner approves the sublease and describe any conditions the landlord expects the subtenant to meet.
Subtenant’s obligation to comply with the master lease: Make it clear that the subtenant must comply with all terms of the original lease and assume all responsibilities the primary tenant agreed to.
Move-in condition checklist: Include a detailed move-in condition report so the landlord and the subtenant record the unit’s condition and reduce the risk of disagreements later.
Emergency contact information: Provide dependable contact details the subtenant can use for urgent safety, repair, or other property-related issues.
Guest policy: Explain the limits on guest visits, including how long guests may stay and how often they may visit, to help maintain order in the rental.
Copy of master lease: Attach the full original lease so the subtenant understands all requirements that carry over into the sublease.
Signatures: Confirm that all parties have signed the agreement, and consider using an e-signature tool to streamline the signing process.
Additional attachments: Add any extra documents that clarify responsibilities, such as pet rules, parking guidelines, or storage terms.
Taxes Implications for Short-Term Subleases
A short-term sublease in Tennessee triggers state and local sales tax when the rental period lasts less than 90 consecutive days. The state tax rate is 7 percent, and most local rates range from 1.50 to 2.75 percent. The landlord, property manager, or rental platform must collect and remit these taxes on all rental charges, including cleaning or pet fees.
Landlords should also review any local lodging or occupancy taxes in their city or county, because these rules and rates vary across Tennessee.
