The Washington D.C. Sublease Agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Washington D.C.?
In Washington D.C. a tenant does need a landlord’s explicit written permission to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having bad references or low income.
Standard Washington D.C. Sublease Agreements
A standard form can be used in Washington D.C. to create a sublease. Here’s what is generally included in a Washington D.C. sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee”.
- Rental Unit Location – The address for the rental unit as described in the master lease.
- Term – State the exact date of the sublease beginning and ending date.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor continues to have the ultimate responsibility to pay for any damages as stated in the master lease agreement.
- Authorized Occupants – A list of the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). Washington D.C. state law does require that the security deposit be limited to no more than one month’s rent.
- Return of Security Deposit – In Washington D.C., a landlord has 45 days to either return the full deposit or provide notice to the tenant of deductions being made against the held deposit. Within 30 days of notification, the landlord must provide an itemized statement of deductions.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (appliances or furniture).
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
Tax Implications of a Sublease in Washington D.C.
In Washington D.C. a sublessor may be subject to a transient accommodations tax if they sublet a property for less than 90 days. The current tax rate is 15.95%.
