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SUBLEASE AGREEMENT
This Sublease Agreement (the "Sublease") is made effective as of , by and between and ("Tenant"), and and ("Subtenant"). Tenant has previously entered into a lease agreement with ("Landlord") ("Subtenant"). Tenant has previously entered into a lease agreement with and ("Landlord") dated (the "Prime Lease"), a copy of which is attached as an exhibit to this Sublease. The Tenant now desires to sublet the leased property to the Subtenant and the Subtenant desires to sublet the leased property from the Tenant. Therefore, the parties agree as follows:
PREMISES. Tenant, in consideration of the sublease payments provided in this Agreement, sublets to Subtenant located at , , (the "Premises").
TERM AND POSSESSION. The term of this Sublease will begin on and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Prime Lease, which terminates . Subtenant's tenancy will terminate on , unless Landlord and Subtenant sign another written agreement prior to the end of tenancy providing for an additional period of tenancy. Subtenant is not responsible for finding a replacement upon the termination of his or her tenancy. terminate on . Subtenant shall be entitled to possession on the first day of the term of this Sublease, and shall yield possession on the last day of the term of this Sublease, unless otherwise agreed by both parties in writing.
SUBLEASE PAYMENTS. Subtenant shall pay to sublease payments of per month, payable in advance on the day of each month, for a total sublease payment of . sublease payments of per , payable in advance on the of each , for a total sublease payment of . Sublease payments shall be made to at , , , which may be changed from time to time by .
SURETY BOND. Subtenant shall purchase a surety bond in the amount of from , , , , the purpose of which shall be:
| (1) | To reimburse the landlord for actual damages caused to the premises by the Subtenant which exceed normal wear and tear, or which cannot be corrected by painting and ordinary cleaning; and/or |
| (2) | To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Subtenant; and/or |
| (3) | To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the Subtenant. |
| (1) | Except under the circumstances outlined in subsection (c) of this section, payment for a surety bond is nonrefundable; |
| (2) | The surety bond is not insurance for the Subtenant; |
| (3) | The surety bond is being purchased to protect the landlord against loss due to nonpayment of rent, breach of lease, or damages caused by the Subtenant; |
| (4) | The Subtenant may be required to reimburse the surety for amounts the surety paid to the landlord for any claim made by the landlord against the surety bond; |
| (5) | Even after a Subtenant purchases a surety bond, the Subtenant remains responsible for the following: |
| a. | Even after a Subtenant purchases a surety bond, the Subtenant remains responsible for the following: |
| b. | To pay the landlord for all rental arrearage due under the rental agreement, including late charges and rental due for premature termination or abandonment of the rental agreement by the Subtenant; and |
| c. | To reimburse the landlord for all reasonable expenses incurred in renovating and rerenting the premises caused by the premature termination of the rental agreement by the Subtenant, which includes termination pursuant to § 5314 of this title, providing that reimbursement caused by termination pursuant to § 5314 of this title shall not exceed 1 month's rent. |
| (6) | Nothing in this section shall be construed to require the Subtenant to pay, as between the landlord and the surety, more than the total amount owed to the landlord under subsection (a) of this section. |
NOTICE. Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party:
TENANT:
,
SUBTENANT:
,
Such addresses may be changed from time to time by any party by providing notice to the other interested parties as described above.
GOVERNING LAW. This Sublease shall be construed in accordance with the laws of the State of Commonwealth of .
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
LANDLORD'S CONSENT. The Prime Lease requires the prior written consent of Landlord to any subletting of the Premises. Such consent has been obtained and a copy is attached as an exhibit. The effectiveness of this Sublease is expressly conditioned upon Landlord's written consent to this Sublease. Tenant agrees to use its best efforts to obtain such consent. If Landlord's consent cannot be obtained, this Sublease shall be null and void and neither party shall have any further obligations to the other arising out of it.
INCORPORATION OF PRIME LEASE. This Sublease is subject to all of the terms of the Prime Lease with the same force and effect as if each provision of the Prime Lease were included in this Sublease, except as otherwise provided in this Sublease. All of the obligations of Tenant under the Prime Lease shall be binding upon Subtenant. All of the obligations of Landlord under the Prime Lease shall inure to the benefit of Subtenant. It is the intent of the parties that, except as otherwise provided in this Sublease, the relationship between Tenant and Subtenant shall be governed by the various provisions of the Prime Lease as if those provisions were included in this Sublease in full, except that the terms "Landlord," "Tenant" and "Lease" as used in the Prime Lease, shall instead refer to, respectively, "Tenant," "Subtenant" and "Sublease."
RELEASE OF TENANT. Tenant is hereby released by Subtenant and Landlord from any and all further obligations, which may now or later arise under the Prime Lease or this Sublease. This Sublease shall be construed and effected as a full and complete assignment, without recourse, of Tenant's interests, burdens and benefits arising out of the Prime Lease, and an acceptance of those interests, burdens and benefits by Subtenant.
Furthermore, the Landlord hereby consents to the foregoing Sublease specifically reserving, however, the right of the undersigned to refuse to consent to any future assignment or subletting. The Landlord hereby releases Tenant from any further obligations arising out of the Prime Lease.
TENANT
| By: | Date: |
| By: | Date: |
SUBTENANT
| By: | Date: |
| By: | Date: |
LANDLORD
| By: | Date: |
| By: | Date: |
RESIDENTIAL SUBLEASE
INSPECTION CHECKLIST
Subtenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
| SATISFACTORY | COMMENTS |
| Bathrooms | _______ | ______________________________ |
| Carpeting | _______ | ______________________________ |
| Ceilings | _______ | ______________________________ |
| Closets | _______ | ______________________________ |
| Dishwasher | _______ | ______________________________ |
| Disposal | _______ | ______________________________ |
| Doors | _______ | ______________________________ |
| Fireplace | _______ | ______________________________ |
| Lights | _______ | ______________________________ |
| Locks | _______ | ______________________________ |
| Refrigerator | _______ | ______________________________ |
| Screens | _______ | ______________________________ |
| Stove | _______ | ______________________________ |
| Walls | _______ | ______________________________ |
| Windows | _______ | ______________________________ |
| Window coverings | _______ | ______________________________ |
| ______________ | _______ | ______________________________ |
| ______________ | _______ | ______________________________ |
_______________________________
Date
Subtenant:
____________________________________________________
Acknowledged by Tenant:
____________________________________________________
RESIDENTIAL SUBLEASE
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on poisoning prevention.
Landlord's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below):
(b) Records and reports available to the landlord (Check (i) or (ii) below):
Tenant's Acknowledgment (initial)
(c) _____ Tenant has received copies of all information listed above.
(d) _____ Tenant has received the pamphlet Protect Your Family From Lead In Your Home.
Agent's Acknowledgment (initial)
(e) _____ Agent has informed the landlord of the landlord's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
| By: ___________________________________ | Date: __________________ |
Sublease Agreement Checklist
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Important Details
Some states require that if a sublease exceeds a specified number of years, it must be recorded in the public records, which, in turn, usually requires that the document be notarized. If the original term of the Sublease will extend beyond one year, you should investigate the specific requirements of your state with respect to notarizing and/or recording the Sublease.
In addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. Many cities have housing authorities or other governmental divisions that provide useful information. Also, some civil rights groups have information available related to housing needs and laws. Also, consider low-income housing groups and legal services organizations. Often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.
Even if you are providing the rental as a favor, you should always sign a Room Rental Agreement with lodgers and all other room renters. Making a Room Rental Agreement will most likely be a smart move for you because of the benefits outlined here:
Any landlord choosing not to use this document, in many cases, should anticipate some issues, including the miscommunication of start and end dates for the rental and questions about payment dates.
Fortunately, you won't have to start from scratch when getting your agreement in writing. With the document tools on Rocket Lawyer, you can produce a free Room Rental Agreement with ease. Your document is built section by section as you enter more details. Ordinarily, for this level of personalization, you could end up paying a conventional law firm a few hundred dollars, if not more, in fees.
To complete your Room Rental Agreement online, you'll need to prepare the following details in advance:
As expected, your contract will also include guidelines about short- or long-term guests, pets, overdue payments, smoking and/or narcotics, and early move-out. In the process of making your rental contract, you also can include details related to maintenance procedures, insurance requirements, and furnishings. With the Rocket Lawyer document tool, you have the power to make additional modifications, as needed.
When you share this document with someone that you are subletting to or a new roommate, you'll want to also include a copy of the original lease, so that they have a copy of the original agreement and terms therein. If the building where the room is located was built or altered before 1978, you'll likely need to include the lead-paint disclosures that were included with the original lease.
As with any other legal contract, a leasing agreement for room rental is not legally binding until it is signed by all parties. This document from Rocket Lawyer offers much more than a Room Rental Agreement template or blank PDF file that you might find elsewhere. When you build your Room Rental Agreement on Rocket Lawyer, you have the option to activate Document Defense® for your contract, which enables a lawyer to help you demand payment or otherwise enforce your legal rights.
Attached to your Room Rental Agreement, you'll find a checklist of recommended actions you should take to finalize the document. With a membership, you can make edits, print it out, make copies, sign it online with RocketSign®, and/or save it in PDF format or as a Word file as necessary. Most importantly, you should ensure that everyone gets copies of your fully executed agreement. You might also like to browse our full selection of documents .
The law can change over time and it varies by municipality. If you've got any concerns or questions in connection to property rental laws, connect with a lawyer . It will vary depending on whom you reach out to, but quite often some lawyers will not even agree to review documents that they didn't draft. A better approach to consider is to go through the On Call network. By becoming a Premium member, you can request feedback from an Rocket Lawyer network attorney with real estate experience or pose additional legal questions about your Room Rental Agreement. We are here for you.
As a subtenant, because you didn't sign the original Lease Agreement, in most instances you'll have to contact the original lease holder with any issues you may have about rent or repairs. Unless you have made other arrangements, you will pay your rent to the leaseholder and they will then pay the rent to the landlord. However, in some cases, you can make an agreement with the property manager to be treated as if you were the prime lease holder, and pay rent directly to the landlord or property manager.
If you have questions or concerns related to your subletting arrangement, ask a lawyer .
