Residential Sublease Agreement - Template, Sample Form Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
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RESIDENTIAL SUBLEASE AGREEMENT
THIS RESIDENTIAL SUBLEASE AGREEMENT (the “Agreement”) is made this ________ (the “Effective Date”).
BETWEEN
________, of the following address:
________
(hereinafter referred to as the “Tenant” which expression shall, where the context so admits, include its successors-in-title and permitted assigns) of the one 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 permitted assigns) of the other part.
The Tenant and the Subtenant are hereinafter individually referred to as a “Party” and collectively as the “Parties”.
RECITALS
A. By a Residential Lease Agreement dated ________ (the “Original Lease”) made between the Tenant and ________ (the “Landlord”), the Tenant holds a leasehold interest in the premises more particularly described in §1 below (the “Subleased Premises”).
B. The Tenant wishes to sublet the Subleased Premises to the Subtenant with the consent of the Landlord, and the Subtenant has agreed to take the Subleased Premises and to comply with the terms of the Original Lease, upon the terms and conditions hereinafter appearing.
C. The written consent of the Landlord to this sublease, where required under the Original Lease, has been obtained and is evidenced as follows: ________.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
§1. AGREEMENT TO SUBLET PREMISES
1.1 Subject to the terms and conditions contained herein, the Tenant hereby sublets to the Subtenant, and the Subtenant hereby takes, the following property which constitutes the entirety of the Subleased Premises together with all appurtenances thereto:
________
1.2 The term of this Sublease shall commence on ________ and shall determine on ________ (the “Term”), unless sooner determined in accordance with the provisions of this Agreement. The Term shall in no event extend beyond the unexpired residue of the Original Lease.
1.3 The Subleased Premises shall be used for residential purposes only, and no part thereof 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 a 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 Subleased Premises; and
(IV) the Subleased Premises or any part thereof shall not be used for any illegal, unlawful or immoral purpose.
§2. HEAD LEASE
2.1 The Subtenant agrees to be bound by and to observe and perform all the covenants, terms, and conditions of the Original Lease (save for the covenant to pay the rent reserved thereunder) so far as the same relate to the Subleased Premises and are not inconsistent with this Agreement.
2.2 No provision of the Original Lease or of this Agreement shall be modified except by an instrument in writing executed by the relevant Parties and, where required, the Landlord.
§3. CONTINUING LIABILITY
The Tenant agrees and undertakes to continue to be bound by and to remain liable under the Original Lease, and acknowledges that a breach of the provisions of the Original Lease may entitle the Landlord to recover possession of the Subleased Premises, thereby automatically determining this Agreement.
§4. RENT
4.1 The Subtenant shall pay to the Tenant the sum of ₦________ (________) per week (the “Rent”), payable in advance on ________ of each week, such Rent being advance payment for that week.
4.2 The Rent shall be paid by the following method: ________.
4.3 If any Rent payable under this Agreement is not paid within the period prescribed for payment, the Subtenant shall be liable to pay interest at the rate of ________% (________ percent) of the unpaid Rent for every period the Subtenant is in default, without prejudice to any other right or remedy available to the Tenant.
§5. SECURITY DEPOSIT
5.1 The Subtenant shall pay to the Tenant a refundable security deposit of ₦________ (________) in respect of the Subleased Premises. The deposit shall be held as security to cover any damage which may be caused to the Subleased Premises during the Term, and any sums lawfully owing by the Subtenant under this Agreement.
5.2 The security deposit, less any lawful deductions, shall be returned to the Subtenant within ________ days of the determination of this Agreement and the delivery up of vacant possession of the Subleased Premises.
5.3 Where the cost of repairing damage caused by the Subtenant or its authorised agents exceeds the security deposit, the Subtenant shall make good the shortfall on demand.
§6. 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 at any time during the Term to create or permit to be done on the Subleased Premises any act which may constitute a nuisance or annoyance to neighbours and occupiers of adjoining premises.
§7. UTILITIES AND OUTGOINGS
§8. MAINTENANCE AND REPAIR
The Subtenant and other persons authorised by the Subtenant shall at all times maintain and keep the Subleased Premises and appurtenances in good and sanitary condition and repair, fair wear and tear excepted, during the Term and any renewal thereof.
§9. ASSIGNMENT AND SUB-LETTING OF THE PREMISES
The Subtenant undertakes not to assign, let, sublet, short-let, or license the use of the Subleased Premises or any part thereof without first obtaining the prior written consent of both the Tenant and the Landlord.
§10. QUIET ENJOYMENT
The Tenant covenants that the Subtenant, paying the Rent reserved and observing the covenants on its part herein contained, shall peaceably hold and enjoy the Subleased Premises during the Term without any lawful interruption by the Tenant or any person lawfully claiming through or under the Tenant.
§11. TERMINATION AND RE-ENTRY
11.1 If the Original Lease between the Landlord and the Tenant determines before its natural expiration, this Agreement shall determine automatically unless the Landlord and the Subtenant agree to a fresh lease.
11.3 Upon the expiration or sooner determination of this Agreement or of the Original Lease, the Subtenant shall quit, surrender, and deliver up the Subleased Premises together with all appurtenances in the same condition as at the commencement of the Sublease, fair wear and tear excepted.
§12. ABANDONMENT
If at any time during the Term the Subtenant abandons the Subleased Premises or any part thereof before the date of determination, the Tenant or the Landlord shall, subject to the applicable Recovery of Premises Law/Tenancy Law, have the right to repossess the Subleased Premises, and the Subtenant shall remain liable to pay any outstanding Rent and other payments which have become due and payable.
§13. DISPUTE RESOLUTION
13.1 The Parties agree to use their best endeavours to negotiate and settle amicably any dispute or difference arising from or in connection with this Agreement.
13.2 If the Parties cannot resolve their dispute amicably within thirty (30) days, the matter shall be referred to mediation. The Parties may be represented by legal practitioners in the mediation, who shall provide legal counsel to the Party they represent, negotiate or execute a binding settlement on behalf of that Party, and encourage an amicable settlement.
13.3 Experts, professionals, and witnesses may be engaged in the mediation. All persons participating in the mediation, including experts, professionals and witnesses, shall be bound by the confidentiality provisions of this Agreement. The mediation shall take place at the following venue: ________.
13.4 The Mediator shall determine the procedure of the mediation proceedings. The mediation shall be conducted in the English language; where either Party requires another language, that Party shall, with the consent of the other Party, provide an interpreter at its own expense.
13.5 Where the Parties are unable to resolve their dispute through mediation, the matter shall be referred to arbitration in accordance with the Arbitration and Mediation Act 2023. The arbitration shall be conducted by a sole arbitrator appointed by agreement of the Parties or, in default, by the appointing authority designated under the said Act, and the seat of the arbitration shall be ________.
§14. JURISDICTION
Subject to §13, the Parties agree that the courts of the Federal Republic of Nigeria, and in particular the courts of ________ State, shall have jurisdiction to settle any dispute or claim in connection with this Agreement.
§15. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the tenancy/recovery of premises legislation applicable in ________ State.
§16. GENERAL PROVISIONS
(I) Variation: This Agreement may be amended or varied only by an instrument in writing agreed to and signed by the Parties. No delay or omission to exercise any right under this Agreement shall be construed as a waiver thereof.
(II) Notices: All notices under this Agreement shall be in writing and shall be delivered personally or sent by registered or certified post to the relevant Party’s address stated herein or to that Party’s solicitor.
(III) Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.
(IV) Counterparts: This Agreement may be executed in counterparts, all of which together shall constitute one and the same Agreement.
(V) Entire Agreement: This Agreement, together with any addendum hereto, constitutes the entire agreement between the Parties and supersedes any prior written or oral agreement between them.
(VI) Assignment: No Party shall assign any of its rights, obligations or duties under this Agreement without the prior written consent of the other Party and, where applicable, the Landlord.
(VII) Enurement: This Agreement shall enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
(VIII) Cumulative Rights: The rights of the Parties under this Agreement are cumulative and shall not be construed as exclusive except as otherwise provided by law.
(IX) Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay or omission to exercise any right shall be construed as a waiver thereof.
(X) Severability: If any part of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
(XI) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions as may be necessary or incidental to give effect to the provisions of this Agreement.
(XII) Stamp Duty: This Agreement shall be stamped in accordance with the Stamp Duties Act, and the cost of stamping shall be borne by ________.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and year first above written.
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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