Rocket Lawyer notes that in order to write a legally binding sublease agreement contract, the original tenant needs to list the location of the residence, how long the sublease agreement lasts, rent and security deposit amounts, and all parties involved in the agreement. Sublease agreements are also known as residential sublease agreements, room rental agreements and sublet contracts.
If an individual needs to move out of his apartment while the lease is still active, he may decide to sublet, notes MassLegalHelp. If the original tenant doesn't plan on returning, the sublease becomes an assignment. The original tenant still remains legally responsible for the apartment even while it's being subleased, which is one reason why such an agreement can be risky.
An original tenant must check with his landlord before subleasing his unit since doing so while the lease is still active might be considered a breach of the lease contract, according to Rocket Lawyer. Even if the new tenant is a friend or a family member, it's still a good idea to create a legally binding sublease agreement contract so that all parties know who is responsible for what and so that no one has to go to court if the situation takes a turn for the worse.