Fillable Form Illinois Sublease Agreement

What is an Illinois Sublease Agreement?

An Illinois agreement to sublease/sublet allows the primary tenant to rent out their rental unit, whether it's a residential property or a commercial space, to another individual. However, it's important to note that not all landlords approve reasonable sublease requests. Before proceeding with subleasing, the primary tenant should carefully review their original lease agreement to ensure they are permitted to sublease. Additionally, the sublessee may be required to provide a security deposit, separate from the primary tenant's deposit, which would be returned at the end of the sublease period if there are no damages or lease violations.

To ensure clarity and protection for both parties, it is strongly recommended to have a written sublease agreement in place. This contract should outline the terms and conditions of the sublease, including the duration of the sublease period, the rental amount, and any additional responsibilities or restrictions. It is essential to comply with Illinois state law, including any applicable local laws, such as those specific to Lake County.

By entering into a sublease contract, both the primary tenant and the sublessee can establish their rights and obligations, ensuring a legally binding and transparent arrangement. This helps to maintain a harmonious living or working environment while also providing recourse in case of any disputes or lease violations. Under Illinois law, the primary tenant remains responsible for fulfilling their obligations under the original lease agreement, even during the sublease period.

How do I fill out an Illinois Sublease Agreement?

A fillable template for an Illinois Sublease Agreement can be accessed here. Make sure that any rental agreements reached through this form are created with the owner's consent, preferably through another legal contract if possible.

Sublessor

Enter the name of the Sublessor.

Subtenant

Enter the name of the Subtenant.

Premises

Enter the location (address information) of the premises being leased.

Term

Enter the term (duration) of the sublease. Note that this term cannot exceed the duration of the primary lease agreement. Then enter the beginning and ending dates of the sublease.

Rent Payments

Enter the amount that must be paid as rent per month. Then enter the day of the month on which the rent may be considered to have been paid in advance, and to whom the rent should be made payable to and where.

Agreement Termination

Enter the date when the sublease agreement will be terminated.

Utilities

This section declares that all utilities connected with the premises that will be paid for by the sublessor under the primary or master lease will be paid by the subtenant for the duration of this sublease.

Property Condition

This section declares that the sublessor promises to, upon the termination of the sublease and their leaving the premises, surrender and deliver the premises as well as any and all furniture and decorations to their successor in the same condition they were at the beginning of the term with the exception of reasonable wear and tear. As well, the subtenant will be considered liable for any damages to the premises or the furniture and contents as a result of the actions of the subtenant or their guests.

Deposit

Enter the amount that the subtenant agrees to pay the successor as deposit in order to cover any damages beyond normal wear and tear, unpaid rent, and utilities.

Then enter the amount that the sublessor agrees to refund should the premises be returned to them in the same condition as when the subtenant received them (aside from reasonable wear and tear) and without any unpaid rent or utility bills due.

Inventory Form

This section declares that the sublessor must provide the subtenant with an inventory form within three days of taking possession of the premises.

Original Lease

This section declares that the sublease agreement will incorporate and be subject to the original lease agreement between the sublessor and their lessor. Attach a copy of that lease agreement to this form.

Other Terms and Conditions

Enter any other terms and conditions to be attached to this agreement here. You may use an extra sheet of paper as necessary should there be more terms that need to be declared.

Sole Agreement

This section declares that both parties agree that this document contains the entire agreement between both parties, and will not be modified, changed, altered, or amended in any way besides a written amendment signed by all parties involved.

Governing Law

This section declares that this agreement is governed by and under the laws of the state of Illinois.

Construction

This section declares that the words “sublessor” and “subtenant” as used in this form will include both the plural and the singular definitions of both words, and that all pronouns used in the form will include, where appropriate, either gender or both, singular and plural.

Parental/Guardian Guarantee

If the tenant is under 18 years of age, this section declares that their legal guardian or parent guarantees and agrees to perform all of the terms, covenants and obligations of this agreement by affixing their signature.

Acknowledgement of Copy Received

This section declares that each party that signs this sublease acknowledges that they have or will receive a copy of this document.

Landlord Approval

This section declares that this sublease will not be considered valid unless and until the landlord approves of it.

Binding Agreement

Enter the date that the parties committed to binding themselves to this agreement by signing the form.

Signatures

Sublessor(s)

Have each sublessor write their name and sign the form in the spaces provided. You may use an extra sheet of paper as necessary.

Subtenant(s)

Have each subtenant write their name and sign the form in the spaces provided. You may use an extra sheet of paper as necessary.

Landlord or Agent(s)

Have the landlord or the landlord’s agent(s) write their name and sign the form in the spaces provided. You may use an extra sheet of paper as necessary.

Original Lease and Inventory Check

Mark “Yes” or “No” to indicate whether or not the original lease and/or an inventory check are attached to this form.

Frequently Asked Questions (FAQs)

What responsibilities does the sublessee have?

The sublessee must adhere to the terms of both the sublease and the original lease.

Does the original lease remain binding?

Yes, the sublessor remains accountable to the landlord under the original lease.

How should the sublease term be decided?

It should align with or be shorter than the term of the original lease.

What happens if the sublessee damages the property?

The sublessor remains liable to the landlord but can seek compensation from the sublessee.

Is it legal to profit from subleasing?

Only if the original lease allows it; otherwise, charging extra can violate the lease.

What are common disputes in subleasing?

Common disputes include non-payment, property damage, or violation of lease terms.

What is a sublease addendum?

An addendum is an additional document outlining terms of the sublease agreement.

How does subleasing differ from assigning a lease?

In a sublease, the original tenant retains responsibility; in an assignment, the tenant transfers all obligations.

Are oral sublease agreements valid in Illinois?

While oral agreements may hold up in certain cases, written agreements are highly recommended.

What is a break clause?

It is a clause allowing early termination of the sublease under specific conditions.

Do subleases require notarization?

Notarization is not mandatory but can add legal validity.

Can a sublessee sublease the property?

Only if both the landlord and sublessor approve.

What disclosures are needed in a sublease agreement?

Any applicable lead-paint disclosures or relevant rules of the original lease.

Can a landlord reject a sublease request?

Yes, if the original lease prohibits subleasing or the new tenant does not meet requirements.

What happens if a sublessee fails to pay rent?

The sublessor is responsible for covering rent to the landlord. In the same way as when a tenant rents and is unable to pay rent for a property, the sublessor will face consequences based on the terms outlined in the agreement.