Consent to Sublease - Template, Sample Form to Complete Pro · US-law

CONSENT TO SUBLEASE

This Consent to Sublease (this “Consent”), effective as of ________, is made and entered into by and among the following parties:

________ (“Landlord”), having a principal address as follows:

________

and ________ (“Tenant”), who is currently in possession of the real property located at the following address:

________

and ________ (“Subtenant”), having a principal address as follows:

________

The Landlord, Tenant, and Subtenant are hereinafter collectively referred to as the “Parties” and individually as a “Party.”

RECITALS

WHEREAS, Landlord is the owner and landlord of certain real property located at the address set forth above for the Tenant (the “Premises”);

WHEREAS, Landlord and Tenant entered into a written lease agreement, dated ________ (the “Lease”), a true and correct copy of which is attached hereto as Exhibit A;

WHEREAS, Subtenant desires to sublease the Premises from Tenant and the Parties desire to obtain Landlord’s consent to such sublease;

WHEREAS, Tenant and Subtenant have entered into, or will enter into, a sublease agreement (the “Sublease”), a copy of which is attached hereto as Exhibit B;

WHEREAS, Landlord is willing to consent to the subletting of the Premises to Subtenant upon the terms and conditions set forth herein;

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

Article 1 — CONSENT.

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Article 2 — RENT.

Subtenant shall pay to Tenant rent in the amount of $________ (________) (“Rent”).

The Rent shall be paid at the following interval: ________, in advance, on the first day of each such interval.

In the event Subtenant fails to pay the Rent when due, a late charge in the amount of $________ (________) shall be assessed and included in the Rent for the next payment interval, provided that such late charge shall not exceed the maximum amount permitted under applicable law. The acceptance of a late charge shall not constitute a waiver of any other right or remedy available to Tenant, who may also terminate the Sublease in accordance with its terms and applicable law.

All Rent payments shall be made by personal or certified check payable to Tenant, or by such other method as the Parties may agree in writing. Tenant shall be responsible for collecting the Rent from Subtenant and for timely remitting to Landlord all amounts due under the Lease.

Article 3 — SUBLEASED PORTION.

Subtenant shall sublease the following portion of the Premises from Tenant: ________.

Article 4 — TERM.

The term of the Sublease shall commence on ________ and shall expire on ________, unless sooner terminated in accordance with the terms of the Sublease, the Lease, or this Consent. In no event shall the term of the Sublease extend beyond the term of the Lease.

Article 5 — SUBLET FEE.

Tenant shall pay to Landlord a sublet fee in the amount of $________ (________) (the “Sublet Fee”), payable upon execution of this Consent.

Article 6 — MASTER LEASE.

The Sublease is and shall at all times be subject and subordinate to all of the terms, covenants, and conditions of the Lease. No modification of the Lease or the Sublease shall be effective without the written consent of the Parties affected thereby. In the event of any conflict between the terms of the Sublease and the terms of the Lease, the terms of the Lease shall govern and control.

Article 7 — CONTINUING LIABILITY.

Tenant acknowledges and agrees that Tenant shall remain fully and primarily liable to Landlord for the performance of all obligations under the Lease, and that Landlord may enforce the Lease against, and recover from, Tenant alone, without regard to the Sublease. Neither this Consent nor the Sublease shall release or discharge Tenant from any obligation under the Lease.

Article 8 — TERMINATION.

If the Lease terminates or expires for any reason prior to the expiration of the Sublease, the Sublease shall automatically terminate concurrently therewith, and Subtenant shall have no claim against Landlord arising out of such termination.

Article 9 — SECURITY DEPOSIT.

Subtenant shall pay to Tenant a security deposit in the amount of $________ (________) prior to taking occupancy of the Premises. The security deposit shall be held, applied, and returned in accordance with the terms of the Sublease and the applicable security deposit statutes of the State of ________.

Article 10 — UTILITIES.

Except as otherwise agreed in writing, Subtenant shall be responsible for and shall timely pay all charges for utilities and services in connection with the Premises during the term of the Sublease, including but not limited to water, electricity, gas, and waste removal.

Article 11 — USE AND MAINTENANCE OF PREMISES.

Tenant grants Subtenant the right to use and occupy the Premises for the duration of the Sublease for lawful residential purposes only. Subtenant shall maintain the Premises in good condition and, upon termination of the Sublease, shall surrender the Premises in at least as good a condition as existed at the commencement of the Sublease, reasonable wear and tear excepted.

Article 12 — CONDITION OF PREMISES.

Subtenant acknowledges and agrees that the Premises are in good repair and habitable condition as of the commencement of the Sublease.

Article 13 — NOTICES.

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Article 14 — GOVERNING LAW AND JURISDICTION.

This Consent shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles, and any applicable federal laws. The Parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in ________, State of ________, for the resolution of any dispute arising out of or relating to this Consent.

Article 15 — SEVERABILITY.

In the event that any provision of this Consent is determined to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid, legal, and enforceable as though the invalid, illegal, or unenforceable provision had not been included herein.

Article 16 — ASSIGNMENT.

Subtenant shall not further assign, transfer, encumber, or sublet the Premises or any portion thereof without the prior written consent of both Landlord and Tenant, which consent may be withheld in their sole discretion.

Article 17 — CAPACITY TO CONTRACT.

Subtenant warrants and represents that Subtenant is of full legal age and possesses the legal capacity to enter into and be bound by the Sublease and this Consent, with no restrictions upon Subtenant’s right to contract under the laws of the State of ________ and the United States of America.

Article 18 — COUNTERPARTS.

This Consent may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered electronically or by facsimile shall be deemed valid and binding. If the dates of signature differ, this Consent shall be effective as of the date on which the last Party signs.

Article 19 — ENTIRE AGREEMENT.

This Consent, together with the Lease and the Sublease, constitutes the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, or communications, whether written or oral. No amendment to this Consent shall be effective unless made in writing and signed by all Parties.

IN WITNESS WHEREOF, the Parties have executed this Consent as of the date first written above.

________________________________________

Tenant’s Name: ________

________________________________________

Tenant’s Signature

Date: ________

________________________________________

Subtenant’s Name: ________

________________________________________

Subtenant’s Signature

Date: ________

________________________________________

Landlord’s Name: ________

________________________________________

Landlord’s Signature

Date: ________

Exhibit A

(Copy of Lease Agreement)

Exhibit B

(Copy of Sublease Agreement)