SUBLEASE AGREEMENT
This Sublease Agreement ("Sublease") is entered into as of [Sublease Start Date] (the "Effective Date"), by and between:
SUBLESSOR (Original Tenant):
[Sublessor (Original Tenant) Name] ("Sublessor")
Forwarding Address: [Sublessor Forwarding Address]
Email: [Sublessor Email]
SUBLESSEE (New Tenant):
[Sublessee (New Tenant) Name] ("Sublessee")
Current Address: [Sublessee Current Address]
Email: [Sublessee Email]
(Each a "Party" and collectively the "Parties")
RECITALS
WHEREAS, Sublessor is the tenant under a lease agreement dated [Original Lease Date] (the "Original Lease") with [Landlord / Property Manager Name] ("Landlord") for the property located at [Property Address] (the "Property"); and
WHEREAS, Sublessor desires to sublease the Property to Sublessee, and Sublessee desires to sublease the Property from Sublessor, subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. LANDLORD CONSENT
1.1 Consent Required. Sublessor represents and warrants that Sublessor has obtained the written consent of the Landlord to sublease the Property to Sublessee in accordance with the terms of the Original Lease.
1.2 Copy of Consent. A copy of the Landlord's written consent shall be attached to this Sublease as an exhibit. This Sublease shall not be effective until such consent has been obtained.
1.3 Original Lease. Sublessor shall provide Sublessee with a complete copy of the Original Lease prior to the commencement of the Sublease term. Sublessee acknowledges that this Sublease is subject to and subordinate to all terms and conditions of the Original Lease.
2. SUBLEASE TERM
2.1 Term. The Sublease shall commence on [Sublease Start Date] and shall terminate on [Sublease End Date] (the "Sublease Term"), unless terminated earlier in accordance with Section 10 of this Sublease.
2.2 No Extension Beyond Original Lease. The Sublease Term shall not extend beyond the expiration date of the Original Lease. If the Original Lease is terminated for any reason prior to the end of the Sublease Term, this Sublease shall automatically terminate on the same date.
2.3 Holdover. If Sublessee remains in possession of the Property after the expiration of the Sublease Term without Sublessor's written consent, Sublessee shall be deemed a holdover tenant and shall be liable for rent at a rate of one hundred fifty percent (150%) of the monthly rent specified herein, plus any damages incurred by Sublessor as a result of the holdover.
3. RENT
3.1 Monthly Rent. Sublessee agrees to pay Sublessor monthly rent in the amount of $[Monthly Sublease Rent ($)] (the "Sublease Rent"), due on or before the first (1st) day of each month during the Sublease Term.
3.2 First Month and Proration. The first month's rent is due upon execution of this Sublease. If the Sublease commences on a date other than the first of the month, rent for the partial month shall be prorated based on a thirty (30) day month.
3.3 Payment Method. Sublease Rent shall be paid by check, electronic transfer, or such other method as the Parties may agree upon in writing. Payments shall be directed to Sublessor at the forwarding address listed above or as otherwise specified in writing.
3.4 Late Payment. If any rent payment is not received within five (5) days of the due date, Sublessee shall pay a late fee of five percent (5%) of the monthly rent, or the maximum amount permitted by applicable law, whichever is less.
3.5 Original Lease Obligations. Sublessor remains solely responsible for paying rent to the Landlord under the Original Lease. Sublessee's payment of Sublease Rent to Sublessor does not create any direct obligation between Sublessee and Landlord unless otherwise agreed in writing.
4. SECURITY DEPOSIT
4.1 Deposit Amount. Upon execution of this Sublease, Sublessee shall pay Sublessor a security deposit in the amount of $[Security Deposit ($)] (the "Sublease Deposit").
4.2 Use of Deposit. The Sublease Deposit shall be held by Sublessor as security for the faithful performance of Sublessee's obligations under this Sublease. The deposit may be applied toward: (a) unpaid rent; (b) damage to the Property beyond normal wear and tear; (c) cleaning costs to restore the Property to its condition at the start of the Sublease; and (d) any other amounts owed by Sublessee under this Sublease.
4.3 Return of Deposit. The Sublease Deposit, less any lawful deductions, shall be returned to Sublessee within the time period required by the laws of the State of [Governing State] after the Sublease Term ends and Sublessee has vacated the Property. Sublessor shall provide an itemized statement of any deductions.
4.4 Not Last Month's Rent. The Sublease Deposit shall not be used by Sublessee as payment for the last month's rent unless Sublessor provides prior written consent.
5. UTILITIES
5.1 Utilities. Utilities are not included in the monthly Sublease Rent. The Parties agree to the following utility arrangement:
[Utilities Details]
5.2 Account Transfers. Sublessor shall cooperate with Sublessee to transfer utility accounts or establish new accounts as needed. Any deposits required by utility providers shall be Sublessee's responsibility.
5.3 Conservation. Sublessee agrees to use utilities in a reasonable manner and shall not waste or misuse any utility services.
7. USE OF PROPERTY
7.1 Permitted Use. Sublessee shall use the Property solely as a private residence and shall not use the Property for any commercial, illegal, or hazardous purpose.
7.2 Compliance with Original Lease. Sublessee shall comply with all terms, conditions, rules, and restrictions contained in the Original Lease, a copy of which has been provided to Sublessee. Sublessee acknowledges having read and understood the Original Lease.
7.3 Compliance with Laws. Sublessee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including building codes, health codes, and homeowner's association rules.
7.4 No Alterations. Sublessee shall not make any alterations, additions, or improvements to the Property without the prior written consent of both Sublessor and Landlord.
8. MAINTENANCE AND REPAIRS
8.1 Sublessee's Obligations. Sublessee shall keep the Property clean and in good condition and shall promptly notify Sublessor of any needed repairs or maintenance issues. Sublessee shall be responsible for minor maintenance and repairs caused by Sublessee's use or negligence.
8.2 Major Repairs. Major repairs and maintenance required under the Original Lease shall remain the responsibility of Sublessor and/or Landlord as provided in the Original Lease. Sublessee shall promptly notify Sublessor of any conditions requiring major repair.
8.3 Emergency Repairs. In the event of an emergency (e.g., burst pipe, gas leak, fire), Sublessee shall first contact emergency services as appropriate, then notify both Sublessor and Landlord immediately.
9. SUBLESSOR'S OBLIGATIONS
9.1 Original Lease Compliance. Sublessor shall continue to comply with all obligations under the Original Lease during the Sublease Term, including the timely payment of rent to Landlord.
9.2 Quiet Enjoyment. Sublessor shall ensure that Sublessee has peaceful and quiet enjoyment of the Property during the Sublease Term, free from interference by Sublessor.
9.3 Indemnification. Sublessor shall indemnify and hold Sublessee harmless from any claims, damages, or costs arising from Sublessor's breach of the Original Lease or this Sublease.
10. TERMINATION
10.1 Expiration. This Sublease shall automatically terminate at the end of the Sublease Term without the need for further notice from either Party.
10.2 Early Termination. Either Party may terminate this Sublease before the end of the Sublease Term by providing 30 days' written notice to the other Party. The terminating Party shall remain responsible for rent through the end of the notice period.
10.3 Termination for Cause. Either Party may terminate this Sublease immediately upon written notice if the other Party materially breaches any provision of this Sublease and fails to cure such breach within ten (10) days after receiving written notice thereof.
10.4 Termination of Original Lease. If the Original Lease is terminated for any reason, this Sublease shall automatically terminate on the same date. Sublessor shall provide Sublessee with as much advance notice as possible if the Original Lease is at risk of termination.
10.5 Move-Out. Upon termination or expiration, Sublessee shall: (a) vacate the Property; (b) remove all personal belongings; (c) return all keys and access devices to Sublessor; (d) leave the Property in the same condition as received, normal wear and tear excepted; and (e) provide a forwarding address for the return of the security deposit.
11. LIABILITY AND INSURANCE
11.1 Sublessee's Liability. Sublessee shall be liable for any damage to the Property caused by Sublessee, Sublessee's guests, or Sublessee's pets (if applicable). Sublessee is encouraged to obtain renter's insurance to cover personal belongings and liability.
11.2 Sublessor Not Liable. Sublessor shall not be liable for any loss, theft, or damage to Sublessee's personal property, except to the extent caused by Sublessor's negligence or willful misconduct.
12. GOVERNING LAW
This Sublease shall be governed by and construed in accordance with the laws of the State of [Governing State], without regard to its conflict of laws principles.
13. GENERAL PROVISIONS
13.1 Entire Agreement. This Sublease, together with the Original Lease incorporated herein by reference, constitutes the entire agreement between the Parties regarding the subletting of the Property.
13.2 Amendments. This Sublease may not be amended or modified except by a written instrument signed by both Parties.
13.3 Severability. If any provision of this Sublease is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.4 Notices. All notices required or permitted under this Sublease shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or sent by email to the addresses specified above.
13.5 No Assignment. Sublessee shall not assign this Sublease or further sublet the Property without the prior written consent of both Sublessor and Landlord.
13.6 Counterparts. 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.
IN WITNESS WHEREOF, the Parties have executed this Sublease Agreement as of the Effective Date.
_________________________________
[Sublessor (Original Tenant) Name]
Sublessor (Original Tenant)
Date: _______________
_________________________________
[Sublessee (New Tenant) Name]
Sublessee (New Tenant)
Date: _______________
LANDLORD CONSENT
I, the undersigned Landlord, hereby consent to the subletting of the Property described above from [Sublessor (Original Tenant) Name] to [Sublessee (New Tenant) Name] for the Sublease Term specified herein. This consent does not release the Sublessor from any obligations under the Original Lease.
_________________________________
[Landlord / Property Manager Name]
Landlord / Property Manager
Date: _______________