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Montana - Agent Date Agent Date or Date Lessor Date -------------------- -------------------- -------------------- ---------------- Lessee Date Lessee Date -------------------- -------------------- ---------------- -----------------on above and certify, to the best of their knowledge, that the information they have provided is true and accurate. ------------------ -------------------- -------------------- ------------------ Lessed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the informati has received copies of all information listed above. (d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home. Agent's Acknowledgment (initial) (e)------ Agent has inform____________________________ (ii)____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) _____ Lesseeelow): (i) _____ Lessor has provided the Lessee with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing (list documents): _______________________________________________ (ii) ____ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Lessor (Check (i) or (ii) b of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): (i) _____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): _________________resence of known leadbased paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presencet 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, Lessors must disclose the p______ RESIDENTIAL LEASE 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, pains provided to Subtenant. Subtenant: ___________________________________ ___________________________________ Acknowledged by Sublessor: ___________________________________ _____________________________nant have inspected the Premises on ________________ (Date). The move-in conditions are those noted on this inspection as shown above. The parties further agree that a copy of this Joint Inspection wa_______________________________________________________________________ ___________________________________________________________________________________________________________ Sublessor and Subte____________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ NOTES: _________________________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ _______________________ ________________________ ________________________ ________________________ ________________________ MOVE-OUT OK NO Comments ________________________ ________________________ _______________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ _________________________ _______________ _______________ _______________ _______________ Comments ________________________ ________________________ ________________________ ________________________ _____________eting Ceilings Closets Dishwasher Disposal Drapes / Blinds Doors Fireplace Lights Locks Patio Refrigerator Screens Storage Stove Walls Windows Window coverings Yard _______________ _______________ ___ed Address of Premises: Move In date Inspected by (for Sublessor) Move out date Inspected by (for Subtenant) MOVE-IN OK NO Bedroom 1 Bedroom 2 Bedroom 3 Bathrooms Entry Area Living Areas Balcony Carper Lease] Initials Sublessor________ Subtenant __________ PREMISES INSPECTION MOVE-IN / MOVE-OUT The Premises should be inspected immediately before the Sublease is signed or the premises are occupi____________________ ___________________________________ [Name] Date: _____________________________ Initials Sublessor________ Subtenant __________ Sublease EXHIBIT A Page - 6 [Attach copy of MastT If Landlord'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 CONSENlease to be executed the day and year first above written. SUBLESSOR: ___________________________________________________ ___________________________________ [Name] SUBTENANT: ______________________ADDITIONAL PROVISIONS. [Specify "none" if there are no additional provisions] Initials Sublessor________ Subtenant __________ Sublease Page - 5 IN WITNESS WHEREOF, the parties have caused this Subhe event 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. ubtenant, 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 tAny notice 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 Sparty to 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. ntinue and 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 performance 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 co, legal representatives, 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 oressor________ 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 heirsrovision shall 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 Sublermitted 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 pstances other 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 p person or 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 circumhat would 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 anyagrees that 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 tn; Governing 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 y surrender 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, Constructioy of the Sublease 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 peaceablless to the 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 da and performing 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 nonethepaid Rent 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 observingvent that 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 unbtenant liable 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 et or parts 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 Su______ Sublease 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 parproceedings 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 ____es the service 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 notice, as 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 waiv2 Physical 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 withoutat Sublessor'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.nd upon the 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 one or more 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 aof the Premises 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 anyof the terms, 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 aches any 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 apply or deduct 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 bretenant's failure 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 all have 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 Subbtenant shall 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 shcharge of $_______ 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, Suse Page - 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 rd's address [circle one], at _____________ __________________________________________________ [address for rent payment], or at any other address designated by Subtenant/Landlord [circle one] Subleaant to Sublessor/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/Landloart on the 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 Subtenord/Sublessor [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 sthanged at 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 Landltures, the 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 claw or pursuant 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 fix_________________ (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 c. 1.1 Leased Premises. Sublessor subleases to Subtenant, and Subtenant rents from Sublessor, the premises located at: _________________________ ___________________________ __________________________T N E S S 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; et______ (the "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 ublessor is the "Tenant" in a lease agreement dated __________________, 20___ between Tenant and ___________________________ ("Landlord") for a term ending on ___________________ ____________________________________________ ________________________________________ ("Sublessor") and ______________________ ________________________________________ ("Subtenant") on ___________________, 20____[Date]. Soffices/lead/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 _tion. The 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/using, lessors 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 prevenbased 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 hon't perform 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-indlegalforms.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 do information 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.fn a security 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 detailedsit be held 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 returat protecting 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 depodeposit deductions, 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 ublease term. 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 ant agree 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 sion of the 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 Subteny states consider 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 inspect to a sublease, 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. Manuired to 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 consentlease signed 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 reqassignment 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 or part of 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 reese forms 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 first consulting 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 th Laws vary 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 beforesures, if 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.s and municipalities 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 disclots. The laws 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 citielosure of 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 agreemenederal law 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 "Disc If the property 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." Fn waiving 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.Sublessor 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 provisioe the circumstances 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 ENT/REGCHART.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 investigatT/DEPCHRT.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/Reposit requirements for each state, and whether an inspection is required prior to funding or returning a security deposit, may be found at the following link: http://www.findlegalforms.com/public/RENer party. Even if a state does not specifically require a joint inspection, it is nonetheless a good idea to conduct one for the protection of both parties. Additional information about the security duire the Sublessor and Subtenant(s) to conduct an inspection of the premises to be rented, either before physical occupancy of the property by the Subtenant(s) or before the Sublease is signed by eithblessor 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. Certain states reqhere 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 there is one Sue Sublease; (4) Inspection Checklist; 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 the Sublease. If tInstructions & 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 Montana