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State of ____________

Rev. 133C586

SUBLEASE AGREEMENT

This Sublease Agreement (this “Sublease”) is entered into as of the ___ day of _________, 20__ (the “Effective Date”) by and between ___________________ located at _______________________  (“Tenant”) and _____________ located at ___________________ (“Subtenant”). Each Tenant and Subtenant may be referred to individually as a “Party” and collectively as the “Parties.”

1. Premises. The premises subject to the Sublease is a ___________ located at ________________________________________________ _______________ (the “Premises”). The Premises is fully furnished.

2. Lease.  Tenant entered into a Lease Agreement dated _________________ with ____________________________ (“Landlord”) for the rent and use of the Premises, a copy of which is attached hereto as Exhibit A (the “Original Lease”).  Tenant represents to Subtenant that the Original Lease is in full force and effect and that no default exists on the part of any party to the Original Lease.  This Sublease is subordinate to and will be at all times subject to the Original Lease. The Original Lease is hereby incorporated by reference.  

3. Agreement to Sublease.  Tenant agrees to lease to Subtenant and Subtenant hereby agrees to temporarily accept from Tenant for the term specified below, and upon all the conditions set forth herein, that portion of Tenant’s interest in the Premises, including improvements.  

4. Term.  This Sublease will be for a term of ______ months, beginning on __________, 20___ and ending on ____________, 20___ (the “Term”).

5. Landlord Approval.  In the event that the Original Lease requires the approval of Landlord prior to any subletting of the Premises by Tenant, then the validity of this Sublease is subject to securing the approval of Landlord. Tenant shall supply Subtenant a copy of Landlord’s written approval at least ___ days prior to the start date of the Term. Should Tenant fail to secure approval of this Sublease by Landlord prior such date, this Sublease shall be null and void.

6. Rent.  Subtenant will pay to Tenant the total sum of $_________ for the Term.  Rent will be payable in advance in monthly installments of $ ______ due on the ____ day of each month during the Term. The first rent payment is payable to Tenant when Subtenant signs this Sublease. Rent for the first month of the Term will be a pro rata portion of the monthly installment in the amount of $___________.  Rent will be paid directly to Tenant at the address stated above (or to such other places or persons as directed by Tenant) by mail or in person by cash, and will be payable in U.S. Dollars.  Tenant will be responsible for paying the rent on the Original Lease to the Landlord.

7. Late Fees.  Rent paid after the ____ day of each month will be deemed as late; and if rent is not paid within ___ days after such due date, Subtenant agrees to pay a late charge of $_____.

8. Utilities.  Subtenant is responsible for payment of all utility and other services for the Premises for the Term.

9. Security Deposit.  Upon signing this Sublease, Subtenant will pay a security deposit in the amount of $_______ to Tenant.  The security deposit will be retained by Tenant as security for Subtenant’s performance of its obligations under this Sublease. If Subtenant does not comply with any of the terms of this Sublease, Tenant may apply any or all of the security deposit to remedy the breach, including to cover any amount owed by Subtenant and/or any damages or costs incurred by Tenant due to Subtenants failure to comply. Tenant will provide Subtenant written notice of use of any or all of the security deposit. Subtenant will, within ____ days following receipt of such written notice, pay to Tenant the amount needed to restore the security deposit to its full amount. The security deposit may not be used or deducted by Subtenant as the last month’s rent of the Term.  Subtenant will be entitled to a full refund of the security deposit if Subtenant returns possession of the Premises to Tenant in the same condition as accepted, ordinary wear and tear excepted. Within ____ days after the termination of this Sublease, Tenant shall return the security deposit to Subtenant (minus any amount applied by Tenant in accordance with this section).  Any reason for retaining a portion of the security deposit will be explained in writing. The security deposit will bear interest while held by Tenant in accordance with applicable state laws and/or local ordinances.

10. Tenants Failure to Give Possession.  In the event Tenant is unable to deliver possession of the Premises to Subtenant on the start date of the Term, Tenant will not be subject to any liability for such failure, the validity of this Sublease will not be affected, and the Term will not be extended. Subtenant will not be liable for rent until Tenant gives possession of the Premises to Subtenant; provided, however, that if Tenant does not give possession of the Premises to Subtenant within ____ days from the start date of the Term, Subtenant may cancel this Sublease by notice in writing to Tenant.

11. Holdover Tenancy.  Unless this Sublease has been extended by mutual written agreement of the parties, there will be no holding over past the Term under the terms of this Sublease under any circumstances.  If it becomes necessary to commence legal action to remove Subtenant from the Premises, the prevailing Party will be entitled to attorney’s fees and costs in addition to damages.

12. Use of Premises.  The Premises will be occupied only by the Subtenant and used only for residential purposes. Subtenant agrees not to use the Premises for any unlawful or hazardous purpose.

13. Condition of Premises.  Subtenant has examined the Premises, including all appliances and fixtures,  and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition.  At the end of the Term, Subtenant agrees to surrender and deliver to Tenant possession of the Premises, including all appliances and fixtures, in as good a condition as they were at the commencement of the Term, reasonable wear and tear excepted. Subtenant will be liable to Tenant for any damage occurring to the Premises and any damage to or loss of the contents thereof which are done by Subtenant or Subtenant’s guests or invitees.  

14. Maintenance and Repairs.  Subtenant will maintain the Premises, including the grounds and all appliances and fixtures, in clean, sanitary and good condition and repair. Subtenant shall not paint, otherwise redecorate, add or change locks, or make any other alterations to the Premises without the prior written consent of Tenant.  Subtenant will not remove Tenant’s appliances and fixtures, from the Premises for any purpose. If repairs other than general maintenance are required, Subtenant will notify Tenant for such repairs.

15. Smoking.  Smoking of any kind is strictly prohibited on any part of the Premises. This prohibition applies to Subtenant and any visitor, guest or other occupant on the Premises.

16. Pets.  Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Premises. The unauthorized presence of any pet will subject Subtenant to penalties, damages, deductions and termination of this Sublease.  Properly trained service animals that provide assistance to individuals with disabilities will be permitted on the Premises with the prior written consent of the Tenant. Subtenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any portion of the Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of the Tenant). 

17. Inspection Checklist.  In order to avoid disagreements about the condition of the Premises, at the time of accepting possession of the Premises, Subtenant will complete the Inspection Checklist incorporated herein by reference and attached hereto as Exhibit B and record any damage or deficiencies that exist at the commencement of the Term.  Subtenant will provide a copy of the completed checklist to Tenant within ____ days after accepting possession of the Premises.  Tenant will be liable for the cost of any cleaning or repair to correct damages found at the time of the inspection.  Subtenant will be liable for the cost of any cleaning and/or repair to correct damages found at the end of the Term if not recorded on the inspection checklist, normal wear and tear excepted.  

18. Obligations of the Parties.  Subtenant agrees to assume and agrees to perform and comply with all of the obligations and responsibilities of Tenant under the Original Lease for the Term, except as otherwise set forth in this Sublease. Subtenant agrees to comply with all applicable laws, ordinances, requirements and regulations of any federal, state, county, municipal or other authority. Tenant agrees to maintain the Original Lease for the length of the Term, subject, however, to any earlier termination of the Original Lease without the fault of Tenant. Tenant will remain obligated to pay rent and perform and comply with all of the obligations of Tenant under the Original Lease or by law, including, if applicable, payment of resident income tax.

19. Liability.  Tenant is not responsible or liable for any loss, claim, damage or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the Premises, unless resulting from the negligence or willful misconduct of Tenant.

20. Right of Entry.  Tenant or Landlord or their respective agents may enter the Premises at reasonable times to inspect the Premises, to make any alterations, improvements or repairs or to show the Premises to a prospective tenant, buyer or lender. In the event of an emergency, Tenant or Landlord may enter the Premises at any time.

21. Assignment or Subletting.  Subtenant will not assign this Sublease or sublet or grant any right to use the Premises or any portion thereof.  Any attempted assignment or delegation in contravention of this provision will be void and ineffective.

22. Notices.  All notices given under this Sublease must be in writing. A notice is effective upon receipt and shall be delivered in person, sent by overnight courier service or sent via certified or registered mail, addressed to the Tenant or Subtenant at the address stated above or to another address as that Party may designate upon reasonable notice to the other Party.

23. No Waiver.  Neither Tenant nor Subtenant shall be deemed to have waived any provision of this Sublease or the exercise of any rights held under this Sublease unless such waiver is made expressly in writing.

24. Severability.  If any provision of this Sublease is held invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Sublease.

25. Governing Law.  This Sublease and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of _____________________, without regard to its conflicts of laws provisions.  

26. Disputes.  Any dispute arising from this Sublease shall be resolved in the courts of the State of _________.

27. Amendments.  This Sublease may be amended or modified only by a written agreement signed by both Parties.

28. Counterparts.  This Sublease may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same document.

29. Headings.  The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in this Sublease.

30. Entire Agreement.  This Sublease contains the entire agreement between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to the subject matter.

IN WITNESS WHEREOF, the Parties hereto, individually or by their duly authorized representatives, have executed this Sublease as of the Effective Date.

Tenant Signature

Tenant Full Name

 

Subtenant Signature

Subtenant Full Name


EXHIBIT A


EXHIBIT B


LANDLORD CONSENT TO SUBLEASE AGREEMENT

Pursuant to the Lease Agreement dated _________________ by and between  _____________________________ and ________________ (“Tenant”) for the rent and use of the premises located at __________________________ (the “Premises”), I hereby consent to the sublease of the Premises by Tenant to _________________, pursuant to the terms and conditions set forth in the Sublease Agreement dated ______________.

 

 

Landlord Signature

Landlord Name

Date


SUBLEASE INSPECTION CHECKLIST

Residential Address of Premises: ________________________________________________

Move-In Date: ____________

Subtenant(s): _______________________________________________

LIVING ROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors, Locks & Knobs

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Fireplace

Furniture

Other _____________

Other _____________

DINING ROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Furniture

Other _____________

Other _____________


KITCHEN

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Cabinets & Drawers

Countertops & Shelves

Sink & Faucet

Garbage Disposal

Dishwasher

Trash Compacter

Stove & Burners

Stove Hood/Fan

Oven

Microwave/Convection

Refrigerator

Freezer & Ice Maker

Furniture

Small Appliances

Other _____________

Other _____________

MASTER BEDROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Furniture

Closets/Shelves

Other _____________

Other _____________

GUEST BEDROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Furniture

Closets/Shelves

Other _____________

Other _____________

OFFICE/SMALL BEDROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures

Outlets & Switches

Smoke Detector

Furniture

Closets/Shelves

Other _____________

Other _____________


MASTER BATHROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures/Fans

Outlets & Switches

Countertops/Drawers

Sink & Toilet

Bathtub & Shower

Mirror/ Cabinet

Towel Racks/Holders

Water Temp/Pressure

Other _____________

Other _____________

GUEST BATHROOM

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures/Fans

Outlets & Switches

Countertops/Drawers

Sink & Toilet

Bathtub & Shower

Mirror/Cabinet

Towel Racks/Holders

Water Temp/Pressure

Other _____________

Other _____________


HALL/CLOSETS

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Walls and Ceiling

Floor & Floor Covering

Doors & Locks

Windows & Screens

Window Coverings

Baseboards/Moldings

Paint/Wallpaper

Lighting Fixtures/Fans

Outlets & Switches

Smoke Detector

Furniture

Shelves

Other _____________

Other _____________

OTHER

CONDITION

COMMENTS

Good

Fair

Poor

N/A

Thermostats

Furnace/ Filters

Air Conditioner

Water Heater

Water Softener

Security System

Doorbell

Mailbox

Stairs

Gate/Garage Remote

Fire Extinguisher

Patio/Terrace/Deck

Other _____________

Other _____________

# Keys Received

Door

Laundry

Mailbox


 

 

Subtenant Signature

Subtenant Name

Date

Accepted and acknowledged by:

Tenant Signature

Tenant Name

Date