Washington Sublease Agreement

The Washington 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?

A tenant does need the landlord’s explicit written permission to sublet in Washington as the law does not inherently give tenants the right to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for providing false information or having a criminal history. Read More

Standardized Connecticut Sublease Agreements

• 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.”
• 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.
• Rental Unit Location – The address for the rental unit as described in the original lease.
• Authorized Occupants – A list of the new subtenant(s) and those that are authorized to live in the rental unit including any policy about short-term guests.
• 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.
• 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 that impact the landlord as stated in the original lease agreement.
• 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.
• 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.
• Security Deposit – Washington law does not limit the maximum security deposit, but local jurisdictions can establish their own limits. The security deposit is held by the Sublessor (not the landlord).
• Pet Deposit – Washington law does not prohibit landlords from charging a pet deposit, non-refundable pet fee, and/or monthly pet premium, but local jurisdictions may establish their own rules regarding pet deposits.
• Return of Security Deposit – Washington landlords have 30 days to return any unused portion of the security deposit with a written statement of deductions if any are made.
• Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
• Improvements to the Rental Unit – Discuss if the subtenant is allowed to paint or make any changes to the unit.
• Utilities – The utilities that are to be paid by the Sublessee and those that are paid by the Sublessor.
• 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.
• Parking Policy – Where the subtenants and guests can park, including any fees assessed.
• Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).

Tax Implications of a Sublease in Washington

In Washington, a sublessor may be subject to state and local taxes if they sublet for 30 days or less. For example, in Seattle, taxes may include:

• Washington State Sales Tax – 6.5%
• Seattle Lodging Tax – 7%

Frequently Asked Questions

Is subletting legal in Washington? Is subletting legal in Washington? Yes, subletting is legal in Washington, as long as the master lease agreement doesn’t contain any provisions that prohibit subleasing. Tenants may or may not be required to obtain the landlord’s permission prior to subletting, depending on the terms of the master lease agreement. Read more »