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

SUBLEASE AGREEMENT

State of ________

RECITALS

A. This Sublease Agreement (the "Sublease") is made and entered into and is effective as of the date set forth at the end of this document (the "Effective Date"), by and between the following original tenant (the "Tenant"):

________, with a mailing address of
________

and the following subtenant (the "Subtenant"):

________, with a mailing address of
________

The Tenant and the Subtenant are referred to collectively as the "Parties" and individually as a "Party."

B. Tenant previously entered into a lease agreement (the "Master Lease") with ________ (the "Landlord"), dated ________, a true and correct copy of which is attached to this Sublease as Exhibit A and incorporated herein by reference.

C. The Tenant wishes to sublet the leased property described below to the Subtenant, and the Subtenant wishes to sublet such property from the Tenant, subject to the terms of this Sublease and the Master Lease.

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

§ I. PREMISES.

1. Tenant, in consideration of the sublease payments described in this Sublease, sublets to Subtenant the property described as follows (the "Premises"):

________

The Premises is located at the following address:

________

2. Subtenant shall use and occupy the Premises solely for residential purposes and for no other purpose without the prior written consent of the Tenant and the Landlord. The maximum number of occupants permitted to reside at the Premises shall be ________.

§ II. TERM AND POSSESSION.

3. The term of this Sublease (the "Term") shall begin on ________ at 12:01 A.M. and, unless terminated sooner pursuant to the terms of this Sublease or the Master Lease, shall continue for the remainder of the term provided in the Master Lease.

4. Subtenant's tenancy shall terminate on ________ at 11:59 P.M., unless the Landlord, Tenant, and Subtenant agree in a separate written agreement, executed prior to the end of the tenancy, to an additional tenancy term. In no event shall the Term extend beyond the term of the Master Lease.

5. Subtenant is not responsible for finding a replacement subtenant upon the termination of the tenancy.

6. Subtenant shall be entitled to possession on the first day of the Term and shall yield peaceful possession on the last day of the Term, unless otherwise agreed by the Parties in writing.

§ III. SUBLEASE PAYMENTS.

7. Subtenant shall pay to Tenant sublease payments ("Rent") in the amount of $________ (________) each month.

8. Rent shall be payable in advance on the ________ day of each month. No holidays, special events, or weekends shall excuse Subtenant's obligation to pay timely Rent. Any Rent not received within ________ days after its due date shall be subject to a late charge of $________, and any payment returned for insufficient funds shall be subject to a returned-payment charge of $________, to the extent permitted by applicable law.

9. Subtenant may be required to pay prorated Rent from the beginning of this Sublease to the first full payment period. If Subtenant must pay prorated Rent, Subtenant shall pay any prorated amount due at the execution of this Sublease.

Rent shall be made payable to Tenant and delivered in the following manner:

________

This address or payment method may be changed from time to time. Subtenant will be informed in writing prior to the due date of that period's Rent if the payment location has changed.

§ IV. SECURITY DEPOSIT.

10. Upon execution of this Sublease, Subtenant shall pay a security deposit of $________ (________ dollars), to be held in trust and disbursed for Subtenant's damages to the Premises or other defaults under this Sublease, if any, as provided by applicable law.

11. The security deposit shall not exceed the amount permitted by applicable state law.

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13. If lawful deductions exceed the security deposit, Subtenant agrees to pay any overage amount within ten (10) days after receiving a written demand. The security deposit shall first be applied to any non-Rent obligations, such as damages, utilities, or late fees, and shall then be applied to any unpaid Rent.

§ V. UTILITIES AND CONDITION OF PREMISES.

14. Responsibility for utilities and services serving the Premises shall be allocated as follows:

________

15. Subtenant has examined the Premises and accepts it in its present "as-is" condition, except as otherwise noted in writing. Subtenant shall maintain the Premises in a clean, sanitary, and habitable condition and shall surrender the Premises at the end of the Term in the same condition as at the commencement of the Term, ordinary wear and tear excepted.

§ VI. NOTICES.

16. Notices under this Sublease shall not be deemed valid unless given or served in writing and delivered personally or forwarded by certified mail, return receipt requested, postage prepaid, addressed as follows to every interested party:

TENANT:

________

SUBTENANT:

________

LANDLORD:

________

17. Such address may be changed by any party upon written notice to the other interested parties as described above. Notice shall be deemed given upon personal delivery or three (3) business days after deposit in the mail.

§ VII. GOVERNING LAW.

18. This Sublease shall be governed by, and construed in accordance with, the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties agree that the exclusive venue for any action arising out of or relating to this Sublease shall be the courts located in ________.

§ VIII. DISPUTE RESOLUTION.

19. If a disagreement arises during the Term, the following actions shall take place:

(a) If there is a dispute between any of the interested Parties and they are unable to reach an agreement through friendly negotiations, all involved Parties agree to attempt to resolve the dispute through the use of a mutually agreed-upon mediator.

(b) The costs of the mediator shall be shared equally, and each Party shall cooperate in good faith to reach a resolution.

(c) The Parties agree to allow the mediator thirty (30) days from the first meeting to reach a compromise before commencing court proceedings.

(d) If the Parties are unable to reach an agreement with the assistance of the mediator within thirty (30) days, each reserves the right to bring legal action in a court of competent jurisdiction.

(e) The decision of a court of competent jurisdiction shall be legally binding upon all Parties involved.

(f) Nothing in this Section shall prevent any Party from seeking summary eviction, possession, or other statutory remedies available under applicable landlord-tenant law, nor from seeking emergency injunctive relief.

§ IX. LANDLORD'S CONSENT.

20. The Master Lease requires the prior written consent of the Landlord to any subletting of the Premises. By executing this Sublease below, or by the consent attached as Exhibit B, the Landlord acknowledges and consents to this Sublease. The Landlord's consent shall not be deemed a release of the Tenant from any obligation under the Master Lease.

§ X. COMPLIANCE WITH MASTER LEASE.

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§ XI. ASSIGNMENT AND SUBLETTING.

22. Subtenant shall not assign this Sublease or further sublet all or any part of the Premises without the prior written consent of both the Tenant and the Landlord. Any attempted assignment or further subletting in violation of this Section shall be void.

§ XII. DEFAULT AND REMEDIES.

23. Subtenant shall be in default under this Sublease upon the occurrence of any of the following: (a) failure to pay Rent or any other sum when due; (b) failure to comply with any term of this Sublease or the Master Lease; or (c) abandonment of the Premises. Upon default, and after providing any notice and cure period required by applicable law, Tenant may pursue all remedies available at law or in equity, including termination of this Sublease and recovery of possession. The prevailing party in any action to enforce this Sublease shall be entitled to recover reasonable attorneys' fees and costs to the extent permitted by law.

§ XIII. SEVERABILITY AND COMPLIANCE WITH LAW.

24. If there is a conflict between any provision of this Sublease and the applicable landlord-tenant statutes of the State of ________ (the "Act"), the Act shall prevail, and such provisions of this Sublease shall be deemed amended or deleted as necessary to comply with the Act. Any provisions required by the Act are incorporated into this Sublease.

25. If there is a conflict between any provision of this Sublease and any form prescribed by the Act, that prescribed form shall prevail, and such provisions shall be deemed amended or deleted as necessary to comply with that prescribed form. Any provisions required by the prescribed form are incorporated into this Sublease.

26. If any provision of this Sublease is held to be invalid or unenforceable in whole or in part, that provision, to the extent enforceable, and all other provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable part had not been included in this Sublease.

§ XIV. ENTIRE AGREEMENT.

27. This Sublease, together with the Master Lease and any exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Sublease. There are no other promises, conditions, understandings, or agreements, whether oral or written, relating to the subject matter of this Sublease. This Sublease may be modified only in a writing signed by the Parties. No subsequent alteration, amendment, change, or addition to this Sublease shall be binding unless reduced to writing and signed by the Parties.

§ XV. INCORPORATION OF MASTER LEASE.

28. This Sublease is subject to all of the terms of the Master Lease with the same force and effect as if each provision of the Master Lease were included in this Sublease, except as otherwise expressly provided herein.

§ XVI. LEAD-BASED PAINT AND REQUIRED DISCLOSURES.

29. If the Premises was constructed prior to 1978, the disclosures and information required by the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) and its implementing regulations (24 C.F.R. Part 35 and 40 C.F.R. Part 745) have been provided to Subtenant and are attached as Exhibit C. The Parties shall comply with all additional disclosure requirements imposed by applicable federal, state, and local law.

§ XVII. COUNTERPARTS.

30. This Sublease 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. Electronic and facsimile signatures shall be deemed valid and binding to the fullest extent permitted by the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Sublease as of the date written below.

TENANT:

Sign: ________________________________ Date: ________

Print: ________


SUBTENANT:

Sign: ________________________________ Date: ________

Print: ________


LANDLORD (Consent):

Sign: ________________________________ Date: ________

Print: ________