In Iowa, a sublease agreement is a legal document that organizes an agreement between two tenants. The original signer (known as the sublessor) of a lease finds a “replacement” (known as the sublessee) while he or she will be absent from the rental. These types of agreements are useful when a tenant may need to leave town for a period of time, or when they’ve found permanent housing and no longer need to live in the rental. Many tenants choose to sublease their apartment or rental property because it is easier and less costly than breaking a lease or paying rent in two places. Subleasing a rental will still fulfill the original tenant’s obligations to pay the rent until the end of the lease, all while allowing the tenant to relocate or live elsewhere. Even though the original tenant may relocate or live elsewhere for a period of time while the sublease is in effect, he or she will still be responsible for rent being paid on time and keeping up the duties of a responsible tenant. If the sublessee fails to pay rent or damages the apartment, the sublessor will be responsible for late fees, damages, and unpaid rent owed to the landlord.
Iowa’s Landlord-Tenant Laws allow tenants to sublease their units unless their leases specifically prohibit such activity. Regardless, tenants are encouraged to receive written permission from their landlord before proceeding with a sublease agreement.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In Iowa, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
An Iowa sublease agreement should include the following sections:
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