Residential Sublease Agreement - Template, Sample Form

RESIDENTIAL SUBLEASE AGREEMENT

created on ________

BETWEEN

________

(the 'Head Tenant')

AND

________

(the 'Subtenant')

Collectively known as 'the Parties'.

(1) BACKGROUND

1.1. The 'Head Tenant' (also known as the Sub Landlord) exists in a relationship of Landlord and Tenant with ________.

1.2. The Head Tenant enjoys the tenancy of a house located at:

________

for which ________ is the Landlord.

1.3. It is the agreement of the Parties that ________ (the 'Subtenant') will sublease the property from ________. Pursuant to which, the Parties will enter into a relationship of Head Tenant and Subtenant respectively.

1.4. The Head Tenant, ________, remains liable for their obligations under the Lease Agreement dated ________ existing between them and the Head Landlord, ________.

1.5. The Subtenant is solely and exclusively responsible to the Head Tenant unless otherwise agreed between the Parties.

1.6. This arrangement has been undertaken with the consent of the Head Landlord.

(2) PROPERTY DESCRIPTION

2.1. The property subject to this Agreement is located at the following address:

________

2.2. The property will be used for residential purposes only. The Subtenant is precluded from engaging in any commercial or professional activities in the premises.

2.3. The property is fully furnished upon the entry into this Agreement, all furnishings within the property remain the property of the Head Tenant, and the Subtenant will take all reasonable care to avoid damage thereto.

2.4. The complete list of the furnishings, equipment and appliances provided by the Head Tenant is attached in an addendum to the present document.

(3) PROPERTY MAINTENANCE OBLIGATIONS

3.1. Smoking is permitted in and around the property in the following locations:

________

3.2. The Subtenant must check the fire alarm once per month.

3.3. The following animals are permitted to be kept in the property as pets:

________

3.4. Pets are to be kept subject to the following conditions:

(1) Pets must be properly house trained.

(2) The Subtenant must ensure to promptly deal with any animal spoils within the property and within any common areas.

(3) The Subtenant must ensure that any pets retained on the property are adequately trained so as to not display any aggressive or menacing behaviours to neighbours or passersby.

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(5) The cost of any process needed to de-flea or deodorise the premises of all soft furnishings where a pet has resided during the term of the sublease will fall to the Subtenant.

3.5. The Subtenant must refrain from making noise that can be heard outside of their immediate dwelling (playing loud music, watching television at high volumes, parties etc) between the following hours: ________ and ________.

3.6. Guests are permitted to reside on the property for a maximum of ________ (________) nights per month, provided they adhere to the following rules:

________

3.7. If the Subtenant has a guest or guests staying for more than ________ (________) nights per month, they must notify the Head Tenant that another individual has moved into the property.

3.8. There should be no more guests than is permitted by the number of beds in the property.

3.9. The Subtenant must keep the garden reasonably well tended and/or in the condition it was in at the commencement of the sublease.

(4) DURATION OF SUBLEASE

4.1. This sublease is for a fixed period. It commences on ________ and concludes on ________. It can be renewed only through subsequent agreement between the Parties.

4.2. The sublease is automatically terminated upon the expiration of the Master Lease. The Head Tenant have no legal right to offer possession of the property upon the conclusion of the Master Lease's term.

(5) RENT

5.1. The Subtenant will provide the Head Tenant a weekly total rental payment of ________ (________) as consideration for exclusive use and enjoyment of the property.

5.2. Payment of rent must be furnished to the Head Tenant by the Subtenant on or before Monday each week.

5.3. Payment shall be made to the Head Tenant, through the following payment method:

________

5.4. The Subtenant is responsible for the following bills:

- electrical

- broadband

- internet connection

- refuse collection and recycling (the fee associated with collection of rubbish bins, recycling and organic waste paid to a private company)

(6) TERMINATION OF SUBLEASE

The sublease may be terminated by either Party in accordance with the terms set out below, subject at all times to the subsistence of the Master Lease and the rights of the Head Landlord thereunder.

6.1. In the event the Head Tenant wishes to terminate the sublease while the Master Lease subsists, the Head Tenant can terminate the sublease upon furnishing ________ (________) days notice to the Subtenant.

6.2. The Subtenant can terminate the sublease upon furnishing ________ (________) days notice to the Head Tenant.

(7) DISPUTE RESOLUTION

7.1. In the event of a dispute arising between the Subtenant and the Head Tenant, as to their respective rights and obligations, both ought first refer to this Agreement to clarify their respective positions thereunder.

7.2. At first instance, the Subtenant and Head Tenant should make efforts to resolve the dispute informally, in the following manner:

(1). the aggrieved Party should notify the other Party that they are experiencing an issue with their tenancy;

(2). the aggrieved Party should outline how, in their ideal situation, the issue ought be resolved by identifying the steps the non-aggrieved Party could take to end the dispute;

(3). the Head Tenant and Subtenant should agree a date on which to discuss the issue forming the subject matter of the dispute and attempt to arrive at a solution.

7.3. Both the Head Tenant and Subtenant should keep records of their correspondences.

7.4. Both Parties reserve the right to refer the dispute to the Residential Tenancies Board should informal attempts at resolution fail.

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(8) APPLICABLE LAW

8.1. The Agreement is made subject to the requirements of the Residential Tenancies Act 2004.

DECLARATION AND SIGNATURE

The Parties acknowledge this Agreement is whole, legally binding and enforceable, effective as of the date of signing ________.

________________________

________

phone number: ________

email address: ________

(the 'Head Tenant')

________________________

________

phone number: ________

email address: ________

(the 'Subtenant')

________________________

________

(the 'Head Landlord')

phone number for Head Landlord: ________

email address: ________

ADDENDUM to Residential Lease Agreement (list of furniture, equipment and appliances)

________