A Washington, D.C. sublease agreement gives a tenant the structure needed to swap places with a subtenant while keeping the rental relationship clear for property owners. This agreement aligns the new occupant with the original lease, supports a clean transition between tenants, and maintains a legally sound rental setup.
Does a tenant need a landlord’s permission to sublease in Washington, D.C.?
A tenant in Washington, D.C. needs the landlord’s approval to sublease when the lease includes this requirement, and most property owners add this clause to their rental contracts. Washington, D.C. law does not have a statute that directly addresses subleasing, so landlords should keep their expectations clear by addressing subleasing in their Washington, D.C. lease agreement. To include these terms in every future lease, property owners should consider using a legally reviewed lease agreement builder to create a compliant contract on their behalf.
Information to Include in a Washington, D.C. Sublease
Landlords strengthen every rental relationship by treating a sublease with the same care they bring to a standard lease. Below is the key information landlords should include within a Washington, D.C. sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor to make each party’s role clear.
Rental unit address: List the complete address of the rental unit so everyone understands the exact property covered by the sublease.
Length of the sublease agreement: Outline the start and end dates to set a clear timeline for the subtenant’s stay.
Rent amount: Detail the monthly rent the subtenant must pay and specify whether payments go to the landlord or the sublessor.
Division of utilities: Note which utilities the subtenant must handle and refer to any separate landlord-tenant utility agreement that defines how each service is shared or divided.
Security deposit information: Describe the deposit amount and link to the security deposit laws in Washington, D.C., so expectations for handling and refunding the deposit are clear.
Maintenance protocols: Describe how the subtenant should submit repair requests and outline clear expectations for upkeep, including reference to general rental property maintenance guidelines.
Property policies: Restate the rules from the original lease that the subtenant must follow, including guest limits, noise expectations, and parking requirements.
Early termination terms: Explain the conditions that allow either party to end the sublease early and note any fees or written notice that may apply.
Landlord’s right to entry: Clarify when the landlord may enter the rental property and list any required notice periods for inspections or repair visits.
Renter’s insurance: State whether the subtenant must carry renter’s insurance and specify the type of coverage the landlord requires.
Landlord’s consent to sublease: Confirm that the landlord approves the sublease and outline any conditions the subtenant must meet to maintain that approval.
Subtenant obligation to comply with master lease: Make clear that the subtenant must follow every term in the original lease and meet the landlord’s existing standards.
Move-in condition checklist: Require a completed checklist and attach a move-in condition report so both parties document the unit’s condition at the beginning of the sublease.
Emergency contact information: Provide clear contact details for urgent situations and identify who the subtenant should reach when issues arise outside regular hours.
Guest policy: Outline the landlord’s expectations for guests, including limits on overnight stays and any rules that protect the property.
Copy of the master lease: Give the subtenant the full original lease so that all terms remain accessible and easy to review throughout the sublease period.
Signatures: Gather signatures from the landlord, sublessor, and subtenant, and allow each party to e-sign the agreement when needed.
Additional attachments: Add any extra documents or property-specific forms that support the sublease terms or clarify unique conditions.
Taxes Implications for Short-Term Subleases
A subletter in Washington, D.C. may need to pay transient lodging taxes when the rental period counts as a short-term stay, which district law defines as fewer than 90 consecutive days. These taxes follow the district’s transient accommodation rules and may appear as an added cost for the subtenant (D.C. Code 47-2001).
Washington, D.C. landlords should stay current on local short-term lodging tax requirements, since varying rates can influence how short-term subleases operate. The current tax rate is 15.95%.
