South Africa
Sublease Agreement
R399
Create a sublease agreement where an existing tenant lets all or part of leased premises to a subtenant, subject to the main lease and landlord consent.
A sublease agreement is used where a tenant leases all or part of the premises to another person. It should be consistent with the main lease and should usually be supported by the landlord’s written consent.
South African legal context (2026 checklist)
A subtenant cannot usually receive more rights than the main tenant has. If the main lease ends, the sublease may also be affected. The tenant should check the main lease before subletting, because unauthorised subletting may be a breach.
- South African common law of lease and contract
- Rental Housing Act 50 of 1999, where residential property is involved
- Consumer Protection Act 68 of 2008, where applicable
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
- Protection of Personal Information Act 4 of 2013
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who is the main landlord?
Who is the main tenant or sublandlord?
Who is the subtenant?
What property or portion is being subleased?
Does the main lease allow subletting?
Has the landlord given written consent?
What rent and deposit will the subtenant pay?
What period will the sublease run for?
What rules from the main lease apply to the subtenant?
Who pays utilities and damages?
What happens if the main lease ends?
What happens if the subtenant breaches?
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