Consent to Sublease - Template, Sample Form to Fill out
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CONSENT TO SUBLEASE
THIS CONSENT is made this ________ (the "Effective Date") by and between the following parties:
________, of the following address:
________
hereinafter referred to as (the "Landlord" which expression shall where the context so admits include its successors-in-title and assigns) of the first part;
AND
________, of the following address:
________
hereinafter referred to as (the "Tenant" which expression shall where the context so admits include its successors-in-title and assigns) of the second part;
AND
________, of the following address:
________
hereinafter referred to as (the "Subtenant" which expression shall where the context so admits include its successors-in-title and assigns) of the third part.
The Landlord, Tenant and Subtenant may be individually referred to as the "Party" and collectively referred to as the "Parties".
WHEREAS
A. The Landlord and Tenant are parties to a Residential Lease Agreement signed and dated ________.
B. The Tenant has agreed to sublet the Demised Premises to the Subtenant with the consent of the Landlord.
C. Subject to the terms of this Agreement, the Landlord consents to the subletting of the Subleased Premises by the Tenant to the Subtenant.
Now, therefore, in consideration of the promises and covenants hereinafter contained in this Agreement, as well as other valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:
1. CONSENT TO SUBLEASE
The Landlord hereby grants the consent to the sublease contemplated in this Agreement. The Landlord's consent shall not be deemed as consent to:
(I) any further sublease of the Demised Premises;
(II) the sublease of the Demised Premises to any other subtenant other than that named in this Agreement or any sublease to the subtenant under a different terms and conditions without the prior consent of the Landlord.
2. AGREEMENT TO SUBLEASE
Subject to the terms and conditions contained herein, the Tenant hereby leases the following property which is the entirety of the Demised Premises together with all appurtenances to the Subtenant:
________
The Demised Premises shall be used for residential purposes only and no part of the premises shall be used for the purposes of carrying on any business, profession or trade of any kind, PROVIDED ALWAYS that:
(I) the Subtenant shall not receive any paying guests, clients or customers;
(II) the practice of any profession or trade shall not constitute nuisance to the occupiers of the adjoining properties;
(III) the practice of any profession or trade shall not significantly increase the wear and tear of the Demised Premises;
(IV) the Demised Premises or any part thereof shall not be used for any illegal, unlawful or immoral purposes.
3. HEAD LEASE
The Subtenant agrees to be bound by all the covenants, terms, and conditions of the original Lease. No part of the original Lease or this Agreement shall be modified except such modification is agreed by the Parties.
4. CONTINUING LIABILITY
The Tenant agrees and undertakes to continue to be bound and remain liable to the Lease, and that a breach of the provisions of the Lease shall entitle the Landlord to recover possession of the Demised Premises, thereby automatically terminating this Agreement.
5. RENT
The Subtenant shall pay the sum of ₦________ (________) every week. The rent shall be due on Mondays. The rent shall be considered advance payment for that week.
The Subtenant shall pay the reserved rent in cash.
If the reserved rent payable under this Agreement is not paid within the period the rent is due for payment, the Subtenant will be charged ________% (________ percent) of the unpaid rent for every period the Subtenant is in default.
6. SECURITY DEPOSIT
The Subtenant shall pay a deposit of ₦________ (________) Demised Premises. The deposit shall be used as security to cover any damage which may be caused to the Demised Premises during the period of the sublease. The Subtenant may at the end of the lease be required to make additional payment for the repair of any part of the Demised Premises that has been damaged by the Subtenant or any of its authorized agents.
The Subtenant shall pay all security deposit in the same manner the rent is paid.
7. CONDITION OF THE DEMISED PREMISES
The Subtenant agrees that the Demised Premises is in good order, repair and condition and located in a clean and safe environment.
8. QUIET ENJOYMENT
The Landlord agrees that if the Subtenant promptly pays the said rent and observes all the terms, conditions, and covenants contained in this Agreement, the Subtenant shall, during the term of the Sublease, enjoy quiet and peaceful possession of the Demised Premises.
9. MAINTENANCE OF ORDER
The Subtenant agrees not to make or permit the making of any loud or improper noises or otherwise cause nuisance to other residents; and not to at any time during the said term, create or permit to be done on Demised Premises, any act which may constitute nuisance or annoyance to neighbours and occupiers of adjoining premises.
10. ALTERATIONS AND IMPROVEMENT OF THE PREMISES
11. MAINTENANCE AND REPAIR
The Subtenant and other persons authorized by the Subtenant shall at all times maintain and keep the Demised Premises and appurtenances in good and sanitary condition and repair with reasonable wear and tear during the term of this Agreement and any renewal thereof.
12. ASSIGNMENT AND SUB-LETTING OF THE PREMISES
The Subtenant undertakes not to let, sublet, short let, or license the use of the Demised Premises or any part thereof without obtaining prior consent from the Landlord.
13. TERMINATION
At the expiration or termination of this Agreement or the lease between the Landlord and Tenant, the Subtenant shall quit, surrender, and deliver the Demised Premises together with all appurtenances in the same condition it was at the commencement of the Sublease.
14. ABANDONMENT
If at any time during the term of the Sublease, the Subtenant abandons the Demised Premises or any part thereof before the date of termination, the Landlord shall have the right to repossess the Demised Premises. The Subtenant will be liable to pay any outstanding rent and other payments which have become due and payable.
15. DISPUTE RESOLUTION
The Parties agree to use their best endeavours to negotiate and settle any dispute or difference of opinion between them, arising from or connected with this Agreement amicably.
Any dispute, which cannot be mutually resolved by the parties, shall be referred to arbitration in accordance with the provisions of the following arbitration rules: Arbitration and Conciliation Act, 2004 or any statutory re-enactment or modification thereof.
The Arbitrators shall consist of ________ arbitrators who shall be elected in the following manner:
________
The arbitration proceedings shall be held in: ________ and conducted in English language.
Each Party shall bear their own cost and expenses in relation to the arbitration proceedings except where an award has been made by the arbitrators for cost to be borne by a particular Party.
The decision of the arbitrator(s) shall be final and binding on all the Parties and shall be enforced by any competent court.
16. ENTIRE AGREEMENT
This Agreement and any other document referred to in this Agreement, constitutes the entire agreement between the parties and shall supersede any prior written or oral agreement made between the parties.
17. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall continue to be valid, binding and enforceable on the Parties.
18. AMENDMENT
No amendment, modification or variation of this Agreement shall be valid or binding on the Parties unless made in writing and duly signed by all the Parties to this Agreement.
19. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
20. COUNTERPARTS
This Agreement may be executed in several counterparts, all of which constitutes a single agreement between the Parties.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement this day and year first written above.
SIGNED by the within named Landlord
_________________________
________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED by the within named Tenant
_________________________
________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED by the within named Subtenant
_________________________
________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
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