Residential Subtenancy Agreement - Template Form Pro · EN-CA-law

RESIDENTIAL SUBLEASE AGREEMENT
(Province of ________)

THIS SUBLEASE AGREEMENT (the "Agreement") is made effective as of ________ (the "Effective Date").

BETWEEN:

________, of ________ (the "Tenant");

- and -

________, of ________ (the "Subtenant").

(each a "Party" and together the "Parties")

RECITALS

A. The Tenant is the tenant under a residential tenancy agreement between the Tenant and ________ (the "Landlord"), of ________, dated ________ (the "Master Lease"), a true copy of which is attached to this Agreement as Schedule "A".

B. The Tenant wishes to sublet the Premises to the Subtenant, and the Subtenant wishes to sublet the Premises from the Tenant, on the terms set out in this Agreement.

C. The Landlord has provided prior written consent to this sublease, a copy of which is attached as Schedule "B".

NOW THEREFORE in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. PREMISES AND USE

1.1 The Tenant sublets to the Subtenant, and the Subtenant subleases from the Tenant, the residential premises located at:

________

1.2 The Premises are further described as follows:

________

(the "Premises")

1.3 The Subtenant shall use and occupy the Premises for residential purposes only and for no other purpose, and shall not carry on any business, trade or profession at the Premises.

1.4 The maximum number of persons permitted to occupy the Premises is ________.

2. TERM AND POSSESSION

2.1 The Subtenant shall take possession of the Premises effective ________ at ________.

2.2 The Subtenant shall vacate and deliver up vacant possession of the Premises no later than ________, unless otherwise agreed by the Tenant and the Subtenant in writing.

2.3 In no event shall the term of this sublease extend beyond the term of the Master Lease. This Agreement shall terminate immediately and automatically upon any termination of the Master Lease, whether by expiry, surrender, forfeiture or otherwise.

2.4 The Subtenant has no right of renewal or extension except by written agreement of the Tenant and, where required, the Landlord.

3. RENT

3.1 The Subtenant shall pay to the Tenant rent in the amount of $________ (________) per month.

3.2 Rent shall be paid in advance on the ________ day of each month during the term.

3.3 Where the Subtenant takes possession on a day other than the first day of a payment period, the Subtenant shall pay prorated rent for the partial period, such prorated amount being due upon execution of this Agreement or upon taking possession, whichever is earlier.

3.4 Rent shall be paid by ________ to the Tenant at the following address:

________

3.5 The Tenant may change the place or method of payment from time to time by giving the Subtenant written notice before the due date of the affected payment.

4. SECURITY DEPOSIT

4.1 The Subtenant shall pay to the Tenant a security deposit in the amount of $________ upon execution of this Agreement.

4.2 The security deposit shall be held, applied and returned in accordance with the applicable residential tenancies legislation of the province identified above, including the payment of any interest required by law. The security deposit shall not exceed one month's rent.

4.3 The Tenant shall, within the time prescribed by the applicable legislation, return the security deposit to the Subtenant less any lawful deductions, together with a written statement of account where required.

5. UTILITIES AND SERVICES

5.1 The following utilities and services shall be the responsibility of the Subtenant: ________.

5.2 The following utilities and services shall be the responsibility of the Tenant: ________.

6. CONDITION, MAINTENANCE AND ALTERATIONS

6.1 The Subtenant shall keep the Premises in a clean and sanitary condition and shall repair any damage caused by the wilful or negligent conduct of the Subtenant or of persons permitted on the Premises by the Subtenant.

6.2 The Subtenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of the Tenant and, where required, the Landlord.

6.3 The Subtenant shall not assign this Agreement or further sublet the Premises, in whole or in part, without the prior written consent of the Tenant and the Landlord.

6.4 The Tenant and the Landlord may enter the Premises in accordance with, and upon the notice required by, the applicable residential tenancies legislation.

7. INSURANCE

7.1 The Subtenant is responsible for obtaining and maintaining the Subtenant's own tenant's contents and liability insurance. The Tenant shall not be liable for any loss of or damage to the Subtenant's personal property.

8. NOTICES

8.1 Any notice under this Agreement is deemed validly given when in writing and delivered personally or sent by prepaid mail, electronic mail, or other means permitted by the applicable legislation, addressed to the relevant Party as follows:

a) TENANT:

________

b) SUBTENANT:

________

c) LANDLORD:

________

8.2 A Party may change its address for service at any time by giving written notice to the other Parties in the manner set out above.

9. LANDLORD'S CONSENT

9.1 The applicable residential tenancies legislation and the Master Lease require the prior written consent of the Landlord to any subletting of the Premises. Such consent has been obtained and a copy is attached as Schedule "B".

9.2 Nothing in this Agreement creates any tenancy or contractual relationship between the Subtenant and the Landlord, and the Tenant remains liable to the Landlord under the Master Lease.

10. INCORPORATION OF MASTER LEASE

10.1 This Agreement is subject to all of the terms, covenants and conditions of the Master Lease, which are incorporated by reference and shall have the same force and effect as if set out in this Agreement, except as otherwise expressly provided in this Agreement.

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10.3 The Subtenant shall indemnify and hold harmless the Tenant from and against any loss, cost, claim or liability arising from the Subtenant's breach of this Agreement or of the incorporated terms of the Master Lease.

11. GOVERNING LAW

11.1 This Agreement is governed by and shall be construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein, without regard to conflict of laws principles. The Parties attorn to the exclusive jurisdiction of the courts and the residential tenancy tribunal of that Province.

12. CONSISTENCY WITH LEGISLATION AND SEVERABILITY

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12.2 If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, that provision shall be severed to the extent of the invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.

13. ENTIRE AGREEMENT AND AMENDMENT

13.1 This Agreement, together with the Master Lease and the Schedules, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, representations and agreements.

13.2 This Agreement may only be amended or modified by a written instrument duly executed by both the Tenant and the Subtenant.

14. ENUREMENT

14.1 This Agreement enures to the benefit of and is binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

SIGNATURES

The Parties have executed this Agreement as of the Effective Date.

TENANT:

Sign: ________________________________ Date: ________

Print: ________

Witness Sign: ________________________________

Witness Name: ________

SUBTENANT:

Sign: ________________________________ Date: ________

Print: ________

Witness Sign: ________________________________

Witness Name: ________

LANDLORD (consent acknowledged):

Sign: ________________________________ Date: ________

Print: ________

SCHEDULE "A" – COPY OF MASTER LEASE

SCHEDULE "B" – LANDLORD'S WRITTEN CONSENT TO SUBLET