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Massachusetts ------------ -------------------- ---------------- ------------------ Agent Date Agent Date -- -------------------- -------------------- ------------------ Lessor Date Lessor Date -------------------- -------------------- -------------------- ---------------- Lessee Date Lessee Date --------cation 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. ----------------ur Home. Agent's Acknowledgment (initial) (e)------ Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certifis in the housing. Lessee's Acknowledgment (initial) (c) _____ Lessee has received copies of all information listed above. (d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Yoed paint hazards in the housing (list documents): ______________________________________________ (ii)____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazard(b) Records and reports available to the Lessor (Check (i) or (ii) below): (i) _____ Lessor has provided the Lessee with all available records and reports pertaining to leadbased paint and/or lead-basaint hazards are present in the housing (explain): ______________________________________________ (ii) ____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. phlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based p women. Before renting pre-1978 housing, Lessors must disclose the presence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamuilt 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 pregnantT: ___________________________________ ___________________________________ RESIDENTIAL LEASE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS Lead Warning Statement Housing b_______ (Date). The move-in conditions are those noted on this inspection as shown above. LANDLORD: ___________________________________ ___________________________________ CONDITIONS AFFIRMED BY TENAN______________________________________________________________________________________________________________________________________________________ Landlord has inspected the Premises on __________________________________________________________ NOTES: _________________________________________________________________________________________________ _____________________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ ______s _______________________________________________________ _______________________________________________________ _______________________________________________________ ______________________________ks Patio Refrigerator Screens Storage Stove Walls Windows Window coverings Yard _______________ _______________ _______________ _______________ _______________ _______________ _______________ Commentspected by (for Tenant) MOVE-IN OK NO Bedroom 1 Bedroom 2 Bedroom 3 Bathrooms Entry Area Living Areas Balcony Carpeting Ceilings Closets Dishwasher Disposal Drapes / Blinds Doors Fireplace Lights Locas your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit. Address of Premises: Move In date Inspected by (for Landlord) Move out date Ineceive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list s not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you rou have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it ifter the commencement of tenancy, whichever is later.] [Tenant's Name] [Tenant's Address] Re: Initial Condition of Premises Dear [Tenant's Name]: This is a statement of the condition of the premises y Initials Sublessor________ Subtenant __________ [NOTE: This letter must be sent by any Massachusetts landlord who accepts a security deposit, either upon receipt of that deposit or within 10 days a___________ ___________________________________ [Name] Date: _____________________________ Initials Sublessor________ Subtenant __________ Sublease EXHIBIT A Page - 6 [Attach copy of Master Lease]lord's consent is not required check here [__]. The undersigned, Landlord in the Master Lease, hereby consents to the foregoing Sublease Agreement. LANDLORD: ______________________________________________________________ ___________________________________ [Name] SUBTENANT: ____________________________________________________ ___________________________________ [Name] LANDLORD'S CONSENT If Landbe executed the day and year first above written. SUBLESSOR: ___________________________________________________ ___________________________________ [Name] SUBTENANT: _______________________________L PROVISIONS. [Specify "none" if there are no additional provisions] Initials Sublessor________ Subtenant __________ Sublease Page - 5 IN WITNESS WHEREOF, the parties have caused this Sublease to of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing party's reasonable attorneys fees and costs in addition, to all other awarded relief. ADDITIONA at the Premises and if to Sublessor, at the address for payment of Rent. Either party may change such addresses from time to time by providing notice as set forth above. 9.3 Legal Fees. In the event e required or otherwise given pursuant to this Sublease shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Subtenant,be charged. The receipt and retention by Sublessor or Landlord of Rent with knowledge of the breach of any provision of this Sublease shall not be deemed a waiver of such breach. 9.2 Notice. Any noticd remain in full force and effect. No waiver or modification by either party of any provision of this Sublease shall be deemed to have been made unless expressed in writing and signed by the party to nce of any provision of this Sublease or to exercise any election in this Sublease shall not be construed as a waiver or relinquishment for the future of such provision, but the same shall continue anepresentatives, successors and permitted assigns of the Parties. 9. Miscellaneous. 9.1 No Waiver. The failure of either party to insist in any instance upon the strict keeping, observance or performa____ Subtenant __________ Sublease Page - 4 8. Parties Bound. 8.1 Binding Effect. The covenants and conditions contained in the Sublease shall apply to and bind the parties and the heirs, legal rshall be deemed to be construed as so limited. 7.3 Governing Law. This Sublease shall be governed by and construed in accordance with the laws of the State of _________________. Initials Sublessor____by law. If any provision of this Sublease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision ther than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this lease shall be valid and enforceable to the fullest extent permitted r circumstances, shall, to any extent, be held invalid or unenforceable for any reason, the remainder of this Sublease, or the application of such provision or provisions to persons or circumstances o constitute a breach or default of Sublessor's obligations in the Master Lease. 7.2 Construction and Severability. If any of the provisions of this Sublease, or the application thereof to any person oat all of the terms and conditions of the Master Lease are hereby incorporated into this Sublease, and that Subtenant will comply with the terms therein, and will avoid actions or inactions that woulding Law; Consents. 7.1 Obligations Under Master Lease. Subtenant acknowledges the receipt of a copy of the Master Lease, a copy of which is attached to this Sublease as Exhibit A. Subtenant agrees ther the Premises to Sublessor or Sublessor's agent in good condition, as it was at the commencement of the Sublease, subject to ordinary wear and tear. 7. No Other Representations, Construction; GovernSublease Term, and Subtenant shall not be obliged to accept possession of the Premises prior to the first day of the Sublease Term. At the expiration of the Sublease, Subtenant shall peaceably surrendhe terms and conditions of this Sublease. 6. The Premises: Possession; Treatment; etc. 6.1 Possession and Surrender. Subtenant shall be entitled to possession of the Premises on the first day of the orming all of the terms, covenants and conditions on Subtenant's part to be observed and performed under this Sublease, Subtenant may peaceably and quietly enjoy the Premises, subject nonetheless to t under the Sublease for the remainder of the Lease Term. 5. Quiet Enjoyment. 5.1 Quiet Enjoyment. Sublessor covenants and agrees with Subtenant that upon Subtenant paying Rent, and observing and perf after default by Tenant Sublessor is unable to re-sublet the Premises during any remaining term of this Sublease , Sublessor may at his option hold Subtenant liable for the balance of the unpaid Rentiable for any difference between the Rent payable under this Sublease during the balance of the Sublease Term, and any rent paid by a successive Subtenant if the Premises are re-let. In the event thats thereof; and/or (iii) Subtenant shall also pay Sublessor liquidated damages for his failure to observe and perform the covenants in this Sublease. Sublessor may, at his sole option, hold Subtenant lublease Page - 3 expenses Sublessor may incur for legal expenses, attorneys' fees, brokerage, and/or putting the Premises in good order; (ii) Sublessor may re-sublet the Premises or any part or partgs or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such Initials Sublessor________ Subtenant __________ Srvice of notice of intention to re-enter or institute legal proceedings to that end. 4.3 Financial Remedies. In the event of any default, re-entry, expiration and/or dispossession by summary proceedinas permitted by law, re-enter the Premises either by force or otherwise, dispossess Subtenant by summary proceedings or otherwise, and retake possession of the Premises. Subtenant hereby waives the sel Remedies. If the notice provided for in Section 4.1 has been given, and the term shall expire as noted, or if Subtenant shall make default in the payment of Rent, then Sublessor may without notice, sor's option: (i) cure such default and add the cost of such cure to Subtenant's financial obligations under this Sublease; or (ii) declare Subtenant in default and terminate the Sublease. 4.2 Physicahe expiration of said seven (7) days if Subtenant does not cure a default of which he has been notified, or if the default cannot be completely cured or remedied in seven days, Sublessor may at Sublesore of such events, subject to any statute, ordinance or law to the contrary, and upon Sublessor serving a written seven (7) days notice upon Subtenant specifying the nature of said default and upon temises to Sublessor. 4. Default. 4.1 Event of Default. If Subtenant defaults in fulfilling any of the covenants of this Sublease, Subtenant shall be in default of this Sublease. Then, in any one or mrms, provisions, covenants and conditions of this Sublease, the Deposit shall be returned to Subtenant after the date fixed as the end of the Sublease and after delivery of entire possession of the Pr terms or conditions of this Sublease, Subtenant shall forfeit the Deposit, as permitted by law. 3.2 Return of Deposit. In the event that Subtenant shall fully and faithfully comply with all of the tededuct any portion of the Deposit from any month's rent, including the last month of the rental term. Subtenant shall not use or apply the Deposit in lieu of payment of Rent. If Subtenant breaches anyfailure to perform any of Subtenant's obligations hereunder. Sublessor is not limited to the Deposit to recoup damage costs, and Subtenant remains liable for any balance. Subtenant shall not apply or no obligation to) use the Deposit or any part thereof to cure any breach or default of Subtenant under this Sublease, or to compensate Sublessor for any damage as it incurs as a result of Subtenant's hall deposit with Sublessor, in trust, a security deposit of $__________ (the "Deposit"), as security for the performance of Subtenant's obligations under this Sublease. Sublessor may (but shall have $_______ for each check provided by Subtenant under this Sublease that is returned for lack of sufficient funds. 3. Security Deposit. 3.1 Security Deposit. On execution of this Sublease, Subtenant s- 2 2.3 Late Fees. If any amounts due under this Sublease are more than _____ days late, Subtenant agrees to pay a late fee of $________. 2.4 Insufficient Funds. Subtenant agrees to pay the charge ofess [circle one], at _____________ __________________________________________________ [address for rent payment], or at any other address designated by Subtenant/Landlord [circle one] Sublease Page blessor/Landlord [circle one] under this Sublease, shall be payable in lawful money of the United States of America and shall be paid to Sublessor/Landlord [circle one] and Subtenant's/Landlord's addre first day of the month or end on the last day of a month, the Rent for the relevant month will be prorated accordingly. 2.2 Manner of Payment. The Rent, and all other sums payable by Subtenant to Sussor [circle one] during the Sublease Term as rent for the Premises the amount of $____________ ("Rent") each month in advance on the first day of each month. If the Sublease Term does not start on th any time during the Sublease Term, Subtenant shall promptly provide reasonable notice to Sublessor/Landlord [circle one]. 2. Rent Payments; Late Fees. 2.1 Rent. Subtenant shall pay to Landlord/Sublee grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If, in Subtenant's opinion, the condition of the Premises has changed atrsuant to any of the terms hereof, shall expire on ___________ [end date] (the "Sublease Term"). 1.3 Inspection of Premises. Subtenant or Subtenant's agent has inspected the Premises, the fixtures, th________ (the "Premises") [complete address of Premises] to Subtenant. 1.2 Sublease Term. This Sublease shall commence on _____________ [start date] and, unless sooner terminated pursuant to law or pueased Premises. Sublessor subleases to Subtenant, and Subtenant rents from Sublessor, the premises located at: _________________________ ___________________________ ___________________________________ E T H: That in consideration of the mutual agreements herein contained, Sublessor and Subtenant hereby agree and covenant to and with each other as follows: 1. Premises; Term of Sublease; etc. 1.1 Lhe "Master Lease Agreement"). Sublessor and Subtenant may collectively be referred to as the "Parties." This Lease creates joint and several liability in the case of multiple Subtenants. W I T N E S Sis the "Tenant" in a lease agreement dated __________________, 20___ between Tenant and ___________________________ ("Landlord") for a term ending on ___________________ ___________________________ (t______________ ________________________________________ ("Sublessor") and ______________________ ________________________________________ ("Subtenant") on ___________________, 20____[Date]. Sublessor ead/outreach/leapame.pdf. Additional information can also be found on the EPA site at: http://www.epa.gov. SUBLEASE AGREEMENT This Sublease Agreement ("Sublease") is entered by and between __________ Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home" can be found at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lssors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Subtenants must also receive a federally approved pamphlet on lead poisoning prevention. Thent. 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, lerm their obligations. In other words, a Subtenant may be held responsible for the entire rental amount if his cosubtenants do not pay their share. Housing built before 1978 may contain lead-based paiorms.com/public/RENT/DEPCHRT.doc If more than one Subtenant signs the sublease, each Subtenant may be held responsible for all of the obligations under the Sublease if the other Subtenants don't perfoion about the rules relating to security deposits for each state, as well as explaining the time lines and other requirements for keeping and or returning a security deposit. See http://www.findlegalfity deposit to a Subtenant (e.g., within 30 days after the termination of the lease). Sublessors should be familiar with the laws of their state. The chart at the link below provides detailed informatld in an interest bearing account and that any accrued interest be given to the Subtenant at the termination of the sublease. States also vary in regulating how quickly a Sublessor must return a securting tenants from dishonest landlords. In addition, states have detailed laws addressing the amount and maintenance of security deposits. For example, some states require that a security deposit be heeductions, if warranted, or can demonstrate that certain property damage predated the Subtenant's occupancy. Most states have specific laws relating to residential leases, primarily directed at protecerm. Even if a state does not require a joint inspection, it is a good idea to complete one for the protection of both parties: a joint inspection can help the Sublessor justify any security deposit d as to the presence and condition of items in the apartment and the apartment itself, is useful to document the inspection and can help avoid problems or misunderstandings at the end of the sublease te premises to be rented either before physical occupancy of the property by the Subtenant or before the lease is signed by either party. A joint inspection form, in which Sublessor and Subtenant agreeconsider oral agreements regarding the rental of real property to be invalid; these states require a written agreement. Some states require that the Sublessor and Subtenant conduct an inspection of thlease, so it is best to handle the situation diplomatically. A Sublease Agreement should always be in writing and signed by the Sublessor, the Subtenant(s) and, if required, the Landlord. Many states obtain this consent from your landlord. If so, be sure to obtain this consent before proceeding in your execution of the sublease. Generally, the law does not require your landlord to consent to a subned between the original tenant and his landlord ­ a tenant may need the consent of his landlord to effect the sublease. You should review your original lease to determine whether you are required to t or a change in circumstance. A sublease agreement is made between the original tenant (the "Sublessor") and the new tenant (the "Subtenant"). Depending on the original lease ­ that is, the lease sigof his dwelling to another individual for all or part of his lease term. A tenant may choose to sublease his space for any number of reasons, which may include an extended vacation, a work reassignmen is subject to the "Terms and Conditions" detailed at www.findlegalforms.com . Information Sublease Agreement A sublease agreement is an agreement used by a residential tenant to re-rent all or part nsulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party. The purchase and use of these formsy from time to time and from state to state. These forms are not a substitute for legal advice. These forms should be considered only a starting point, and should not be used or signed before first co any, are required in your state or locality. Even if these disclosures are not required by law, a Subtenant may still that they be made, and may negotiate to make them part of his agreement. Laws varicipalities may have additional disclosure requirements that will need to be included. You should consult with a real estate agent or attorney in your area to determine what additional disclosures, ifaws in some states require additional written disclosures, including disclosures about the condition of the unit, the neighborhood, the environment and any other known problems. Certain cities and mun Information On Lead-Based Paint and/or Lead-Based Paint Hazards" form is included in this packet. These forms contain the basic terms and language that should be included in similar agreements. The lw requires the Sublessor to keep the signed copy of the "Disclosure of Information on Lead-Based Paint" for a minimum of three years as proof of compliance with the rules. A copy of the "Disclosure ofroperty was built before 1978 (i.e. pre-1978 property), federal law requires that the Sublessor and Subtenant(s) (and their agents) sign the "Disclosure of Information on Lead-Based Paint." Federal la the need for a landlord's consent to a Sublease. If it does, you need not obtain such permission; if it does not, you must have the landlord sign and date the Sublease in the space provided. If the p to obtain the consent of his landlord (i.e., the owner of the premises) in order to sign the Sublease Agreement. Check the Master Lease Agreement to determine whether it contains a provision waivingcumstances under which a Sublease will need to be recorded, and the requirements of that recording. Unless the Master Lease Agreement states otherwise, the laws of certain states require the SublessorART.doc If a Sublease contemplates a long rental term, some states require that that Sublease be recorded. Recording a Sublease often also requires notarization. The parties should investigate the cir.doc For additional information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link: http://www.findlegalforms.com/public/RENT/REGCHcy. A sample of this letter has been included in this packet. Additional information about security deposit requirements in your state can be found at http://www.findlegalforms.com/public/RENT/DEPCHRTsachusetts requires that a Landlord who accepts a security deposit must send a statement of premises to the Tenant either upon receipt of that deposit or within 10 days after the commencement of tenanthere is one Sublessor and two Subtenants, three original Subleases must be executed (i.e., signed and dated). The Sublessor should provide the Subtenant with a copy of the Master Lease Agreement. Mas Sublease. If there is more than one adult Subtenant, each Subtenant should sign the Sublease. Generally the Sublessor and the Subtenant(s) will each retain an original signed Sublease. Therefore, if e Sublease; (4) Massachusetts Statement of Premises; and (5) Lead Paint Disclosure. The Sublessor (i.e., the original tenant) must sign the Sublease. The Subtenant (i.e., the new tenant) must sign theInstructions & Checklist Sublease Agreement This packet includes the following items: (1) Instructions and Checklist for Sublease Agreement (the "Sublease"); (2) Information about the Sublease; (3) Th Massachusetts