This Residential Sublease Agreement is between a tenant leasing a residential property and another party who will take over that existing lease. This agreement sets out the address of the premises, the amount of monthly rental payments and any security deposit. This Residential Sublease Agreement also sets out that the terms of the sublease will control over those of the original lease.
RESIDENTIAL SUBLEASE AGREEMENT
THIS RESIDENTIAL SUBLEASE AGREEMENT (the “Sublease Agreement”), made this________ day of ___________________, 20 _____ by and between _________________________ of ______________________________________________________________ (“Sublessor”) and _____________________________________________________________________ of _________________________________________ ______________________ (“Sublessee”) collectively referred to as "the parties".
WHEREAS, the Sublessor has entered into a lease agreement dated _________________ with the Lessor starting from ______________________ and ending on _________________ (the “Lease”). A copy of this Lease Agreement is attached hereto; and
WHEREAS, Sublessee and Sublessor wish to enter into this Sublease Agreement, where under the Sublessor will sublease the Premises to Sublessee.
Subject to the terms and conditions of this Agreement, Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the following Premises:
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the "Premises").
The term of this Sublease shall commence from _________________________ and shall continue in effect for a period of _____________________ years.
This Sublease will be subject to all terms and conditions of the Lease, except for the terms and conditions contained in the Lease which are directly contradicted by this Sublease Agreement. In such an event, the terms of this Sublease Agreement shall control over the Lease. The Sublessee agrees to fully and timely perform all of the Sublessor’s duties and obligations under the Lease. The Sublessee also agrees to hold the Sublessor harmless from all liability, judgments, costs, damages, claims or demands arising out of the Sublessee’s failure to comply with the Lease.
For the term of this Agreement, Sublessee agrees to pay a rent of $_______________ each per month, payable in advance on the _____________________ day of each month. Any rent payment not made by the ____________________ day of the month shall be considered overdue and in addition to Sublessor's other remedies, Sublessor may levy a late payment charge equal to _____________________ per month on any overdue amount.
Sublessee shall pay a security deposit in the amount of $ ___________________________ prior to taking possession of the Premises. This security deposit will be refunded to Sublessee promptly following Sublessee's performance of all obligations under this Agreement. Sublessor may deduct any amount of damages incurred due to Sublessee’s breach of this Agreement from this security deposit. Sublessee shall not apply the security deposit to any unpaid rent or late fees.
Sublessee shall pay directly for all utilities, services and charges provided to the premises, including any and all deposits required.
Sublessee is assigned parking as follows: __________________________________________ _____________________________________________________________________________________________________________________________________________________.
Sublessee shall use the premises for residential purposes only and for no other purpose without Sublessor’s prior written consent. Any occupancy by guests for more than _______________ days at any time is prohibited without Sublessor’s prior written consent and the same shall be considered a breach of this Agreement.
Sublessee shall be entitled to quiet enjoyment of the Premises. Sublessee shall not use the Premises in a way as to violate any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience, or interfere with the quiet enjoyment of any other or nearby resident.
Either party may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Upon the expiration or earlier termination of this Agreement, Sublessee shall return the Premises to Sublessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted.
Sublessee shall indemnify Sublessor against, and hold Sublessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Sublessee's use of the Premises, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Premises.
Assignment and Subletting
Sublessee shall not sublet the premises or assign this Agreement without the prior written consent of the Sublessor. Any such attempt to sublet or assignment by Sublessee shall be a breach of this Agreement and cause for immediate termination.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of ______________________.
Any Notice and other communications which either party desires to give the other, may be given either personally or by post through certified mail, to the following address:
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Sublessor does not waive Sublessor’s right to enforce any provisions of this Agreement.
AGREED TO this _____ day of _________, in _______________, by:
[INSERT NAME AND TITLE] [INSERT NAME AND TITLE]