Sublease Agreements

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This Agreement allows a tenant to sublease part or all of his dwelling.

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A Residential Sublease Agreement is necessary when a party ("Sublessor") leases or rents part or all (of an already rented or leased property) to another party (the "Subtenant"). Subletting is quite common. Often an unexpected change in circumstance comes up, and the original Tenant cannot be let out of their existing lease or rental agreement. So a Sublease is created to fill in the gap. It is important prior to entering into a Sublease to review the original Sublease Agreement. It is possible that the consent of the Landlord may be necessary prior to entering into a Sublease Agreement. Also be aware that the Landlord is not required by law to consent to a Sublease, so this subject may need to be approached delicately in some situations. Also be aware that some states require that the Sublessor and Subtenant conduct an inspection of the premises, prior to the agreement being signed or prior to moving in. A Joint Inspection form can be very helpful, whether it is a state law requirement or not, as it prevents misunderstandings between the parties.

It is important to note that if you are contemplating the use of a Sublease Agreement, all the usual property laws apply. Some states consider oral rental agreements invalid, therefore having your Sublease well documented and in writing is essential for not only your protection, but that of your Subtenant as well. Note that if more than one Subtenant signs the Sublease, each Subtenant can be held responsible for all requirements under the Sublease if any of the other Subtenants fail to meet their obligations.

Feel confident in using this Sublease Agreement, which is up-to-date and has been drafted by an attorney. This agreement is simple to use, accurate and has been drafted for this type of transaction.

These Important Provisions are included in this Residential Sublease Agreement:
  • Basic Lease Terms: Includes term, description of property;
  • Rent Payments: Including the amount of rent, when it is due, and late payments;
  • Security Deposit: Amount of security, and how it will returned;
  • Default: What determines a default of the agreement;
  • Quiet Enjoyment: The new tenant (Subtenant) is entitled to quiet enjoyment the premises;
  • Assignment and Subletting: Will define if and when these are appropriate.

Protect Your Rights, Your Property and Yourself, with these accurate and easy to use forms.

This lawyer prepared packet includes:
  1. Instructions and Checklist for your state Sublease Agreement;
  2. Information about Sublease Agreements;
  3. Sublease Agreement;
  4. Inspection Checklist;
  5. Lead Paint Disclosure.
State Law Compliant:This form complies with the laws of your state.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Sublease Agreement









This Packet Includes:
1. General Instructions & Checklist
2. Information
3. Inspection Checklist
4. Lead Paint Disclosure
5. Sublease Agreement





Instructions and Checklist
Sublease Agreement

   The Sublessor (i.e., the original tenant) must sign the Sublease.

   The Subtenant (i.e., the new tenant) must sign the 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 there 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.



   Certain states require 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 either 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 deposit 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:

   For additional information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link:

   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 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 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 provision waiving the need for a landlords 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 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.”  Federal 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 Disclosure 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 agreements. 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 cities 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 disclosures, 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.

   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 before 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 these forms is subject to the “Terms and Conditions” detailed at www.findlegalforms.com .






General Information
Sublease Agreement

A sublease agreement is an agreement used by a residential tenant to re-rent all 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 reassignment 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 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 required 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 consent 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.  Many 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 inspection 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 Subtenant 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 sublease 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 deposit deductions, if warranted, or can demonstrate that certain property damage predated the Subtenants occupancy.



Most states have specific laws relating to residential leases, primarily directed at 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 deposit 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 return 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 detailed 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.findlegalforms.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 dont perform their obligations.  In other words, a Subtenant may be held responsible for the entire rental amount if his co-subtenants do not pay their share.

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, 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 prevention. 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/offices/lead/outreach/leapame.pdf. Additional information can also be found on the EPA site at: http://www.epa.gov.







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SUBLEASE AGREEMENT


This Sublease Agreement (“Sublease”) is entered by and between ________________________ ________________________________________ (“Sublessor”) and ______________________ ________________________________________ (“Subtenant”) on ___________________, 20____[Date].   Sublessor is the “Tenant” in a lease agreement dated __________________, 20___ between Tenant and ___________________________ (“Landlord”) for a term ending on ___________________ ___________________________ (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 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; etc.

1.1   Leased Premises.  Sublessor subleases to Subtenant, and Subtenant rents from Sublessor, the premises located at: _________________________  ___________________________ ___________________________________________  (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 pursuant to any of the terms hereof, shall expire on ___________ [end date] (the “Sublease Term”).

   1.3   Inspection of Premises.  Subtenant or Subtenants agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If, in Subtenants opinion, the condition of the Premises has changed 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 Landlord/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 start 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 Subtenant 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 Subtenants/Landlords address [circle one], at _____________ __________________________________________________ [address for rent payment], or at any other address designated by Subtenant/Landlord [circle one]

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 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, Subtenant shall deposit with Sublessor, in trust, a security deposit of $__________ (the “Deposit”), as security for the performance of Subtenants obligations under this Sublease. Sublessor may (but shall 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 Subtenants failure to perform any of Subtenants 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 deduct any portion of the Deposit from any months 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 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 of 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 of 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 any 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 and 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 at Sublessors option: (i) cure such default and add the cost of such cure to Subtenants financial obligations under this Sublease; or (ii) declare Subtenant in default and terminate the Sublease.

4.2   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 without 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 waives 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 proceedings 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 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 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 Subtenant 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 event 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 unpaid 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 observing and performing all of the terms, covenants and conditions on Subtenants part to be observed and performed under this Sublease, Subtenant may peaceably and quietly enjoy the Premises, subject nonetheless 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 day 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 peaceably surrender the Premises to Sublessor or Sublessors agent in good condition, as it was at the commencement of the Sublease, subject to ordinary wear and tear.

7.   No Other Representations, Construction; 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 agrees 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 that would constitute a breach or default of Sublessors 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 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 circumstances 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 permitted 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 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 _________________.

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 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 or 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 continue 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 party 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.  Any 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 Subtenant, 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 of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing partys reasonable attorneys fees and costs in addition, to all other awarded relief.


ADDITIONAL PROVISIONS. [Specify “none” if there are no additional provisions]











IN WITNESS WHEREOF, the parties have caused this Sublease to be executed the day and year first above written.


SUBLESSOR:

___________________________________________________
___________________________________
[Name]


SUBTENANT:
____________________________________________________
___________________________________
[Name]


SUBTENANT:
____________________________________________________
___________________________________
[Name]


LANDLORDS CONSENT

If Landlords consent is not required check here [__].

The undersigned, Landlord in the Master Lease, hereby consents to the foregoing Sublease Agreement.


LANDLORD:
____________________________________________________
___________________________________
[Name]

Date: _____________________________



EXHIBIT A


[Attach copy of Master Lease]


PREMISES INSPECTION
MOVE-IN / MOVE-OUT

The Premises should be inspected immediately before the Sublease is signed or the premises are occupied

Address of Premises:
Move In date
Move out date
Inspected by (for Sublessor)
Inspected by (for Subtenant)



MOVE-IN
Comments
MOVE-OUT
Comments

OK
NO

OK
NO

Bedroom 1
?
?
________________________
?
?
________________________
Bedroom 2
?
?
________________________
?
?
________________________
Bedroom 3
?
?
________________________
?
?
________________________
Bathrooms
?
?
________________________
?
?
________________________
Entry Area
?
?
________________________
?
?
________________________
Living Areas
?
?
________________________
?
?
________________________
Balcony
?
?
________________________
?
?
________________________
Carpeting
?
?
________________________
?
?
________________________
Ceilings
?
?
________________________
?
?
________________________
Closets
?
?
________________________
?
?
________________________
Dishwasher
?
?
________________________
?
?
________________________
Disposal
?
?
________________________
?
?
________________________
Drapes / Blinds
?
?
________________________
?
?
________________________
Doors
?
?
________________________
?
?
________________________
Fireplace
?
?
________________________
?
?
________________________
Lights
?
?
________________________
?
?
________________________
Locks
?
?
________________________
?
?
________________________
Patio
?
?
________________________
?
?
________________________
Refrigerator
?
?
________________________
?
?
________________________
Screens
?
?
________________________
?
?
________________________
Storage
?
?
________________________
?
?
________________________
Stove
?
?
________________________
?
?
________________________
Walls
?
?
________________________
?
?
________________________
Windows
?
?
________________________
?
?
________________________
Window coverings
?
?
________________________
?
?
________________________
Yard
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________

NOTES: ____________________________________________________________________________________________________

___________________________________________________________________________________________________________

Sublessor and Subtenant 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 was provided to Subtenant.

Subtenant:
___________________________________
___________________________________

Acknowledged by Sublessor:
___________________________________
___________________________________

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, 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, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.  Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessors 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 paint 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.

(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 lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________  

(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) _____ Lessee has received copies of all information listed above.

(d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home.

Agents Acknowledgment (initial)

(e)——— Agent has informed the Lessor of the Lessors 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 information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

—————————
 —————————— —————————— —————————
Lessor                Date             Lessor            Date

——————————
 —————————— —————————— ————————
Lessee                 Date             Lessee             Date

——————————
 —————————— ———————— —————————
Agent                 Date             Agent             Date


Number of Pages15
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29466
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Sublease Agreement









This Packet Includes:
1. General Instructions & Checklist
2. Information
3. Inspection Checklist
4. Lead Paint Disclosure
5. Sublease Agreement





Instructions and Checklist
Sublease Agreement

   The Sublessor (i.e., the original tenant) must sign the Sublease.

   The Subtenant (i.e., the new tenant) must sign the 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 there 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.



   Certain states require 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 either 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 deposit 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:

   For additional information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link:

   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 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 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 provision waiving the need for a landlords 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 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.”  Federal 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 Disclosure 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 agreements. 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 cities 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 disclosures, 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.

   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 before 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 these forms is subject to the “Terms and Conditions” detailed at www.findlegalforms.com .






General Information
Sublease Agreement

A sublease agreement is an agreement used by a residential tenant to re-rent all 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 reassignment 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 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 required 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 consent 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.  Many 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 inspection 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 Subtenant 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 sublease 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 deposit deductions, if warranted, or can demonstrate that certain property damage predated the Subtenants occupancy.



Most states have specific laws relating to residential leases, primarily directed at 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 deposit 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 return 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 detailed 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.findlegalforms.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 dont perform their obligations.  In other words, a Subtenant may be held responsible for the entire rental amount if his co-subtenants do not pay their share.

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, 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 prevention. 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/offices/lead/outreach/leapame.pdf. Additional information can also be found on the EPA site at: http://www.epa.gov.







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SUBLEASE AGREEMENT


This Sublease Agreement (“Sublease”) is entered by and between ________________________ ________________________________________ (“Sublessor”) and ______________________ ________________________________________ (“Subtenant”) on ___________________, 20____[Date].   Sublessor is the “Tenant” in a lease agreement dated __________________, 20___ between Tenant and ___________________________ (“Landlord”) for a term ending on ___________________ ___________________________ (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 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; etc.

1.1   Leased Premises.  Sublessor subleases to Subtenant, and Subtenant rents from Sublessor, the premises located at: _________________________  ___________________________ ___________________________________________  (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 pursuant to any of the terms hereof, shall expire on ___________ [end date] (the “Sublease Term”).

   1.3   Inspection of Premises.  Subtenant or Subtenants agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If, in Subtenants opinion, the condition of the Premises has changed 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 Landlord/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 start 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 Subtenant 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 Subtenants/Landlords address [circle one], at _____________ __________________________________________________ [address for rent payment], or at any other address designated by Subtenant/Landlord [circle one]

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 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, Subtenant shall deposit with Sublessor, in trust, a security deposit of $__________ (the “Deposit”), as security for the performance of Subtenants obligations under this Sublease. Sublessor may (but shall 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 Subtenants failure to perform any of Subtenants 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 deduct any portion of the Deposit from any months 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 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 of 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 of 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 any 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 and 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 at Sublessors option: (i) cure such default and add the cost of such cure to Subtenants financial obligations under this Sublease; or (ii) declare Subtenant in default and terminate the Sublease.

4.2   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 without 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 waives 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 proceedings 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 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 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 Subtenant 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 event 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 unpaid 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 observing and performing all of the terms, covenants and conditions on Subtenants part to be observed and performed under this Sublease, Subtenant may peaceably and quietly enjoy the Premises, subject nonetheless 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 day 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 peaceably surrender the Premises to Sublessor or Sublessors agent in good condition, as it was at the commencement of the Sublease, subject to ordinary wear and tear.

7.   No Other Representations, Construction; 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 agrees 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 that would constitute a breach or default of Sublessors 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 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 circumstances 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 permitted 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 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 _________________.

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 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 or 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 continue 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 party 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.  Any 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 Subtenant, 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 of any legal action by the parties arising out of this Lease, the losing party shall pay the prevailing partys reasonable attorneys fees and costs in addition, to all other awarded relief.


ADDITIONAL PROVISIONS. [Specify “none” if there are no additional provisions]











IN WITNESS WHEREOF, the parties have caused this Sublease to be executed the day and year first above written.


SUBLESSOR:

___________________________________________________
___________________________________
[Name]


SUBTENANT:
____________________________________________________
___________________________________
[Name]


SUBTENANT:
____________________________________________________
___________________________________
[Name]


LANDLORDS CONSENT

If Landlords consent is not required check here [__].

The undersigned, Landlord in the Master Lease, hereby consents to the foregoing Sublease Agreement.


LANDLORD:
____________________________________________________
___________________________________
[Name]

Date: _____________________________



EXHIBIT A


[Attach copy of Master Lease]


PREMISES INSPECTION
MOVE-IN / MOVE-OUT

The Premises should be inspected immediately before the Sublease is signed or the premises are occupied

Address of Premises:
Move In date
Move out date
Inspected by (for Sublessor)
Inspected by (for Subtenant)



MOVE-IN
Comments
MOVE-OUT
Comments

OK
NO

OK
NO

Bedroom 1
?
?
________________________
?
?
________________________
Bedroom 2
?
?
________________________
?
?
________________________
Bedroom 3
?
?
________________________
?
?
________________________
Bathrooms
?
?
________________________
?
?
________________________
Entry Area
?
?
________________________
?
?
________________________
Living Areas
?
?
________________________
?
?
________________________
Balcony
?
?
________________________
?
?
________________________
Carpeting
?
?
________________________
?
?
________________________
Ceilings
?
?
________________________
?
?
________________________
Closets
?
?
________________________
?
?
________________________
Dishwasher
?
?
________________________
?
?
________________________
Disposal
?
?
________________________
?
?
________________________
Drapes / Blinds
?
?
________________________
?
?
________________________
Doors
?
?
________________________
?
?
________________________
Fireplace
?
?
________________________
?
?
________________________
Lights
?
?
________________________
?
?
________________________
Locks
?
?
________________________
?
?
________________________
Patio
?
?
________________________
?
?
________________________
Refrigerator
?
?
________________________
?
?
________________________
Screens
?
?
________________________
?
?
________________________
Storage
?
?
________________________
?
?
________________________
Stove
?
?
________________________
?
?
________________________
Walls
?
?
________________________
?
?
________________________
Windows
?
?
________________________
?
?
________________________
Window coverings
?
?
________________________
?
?
________________________
Yard
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________
_______________
?
?
________________________
?
?
________________________

NOTES: ____________________________________________________________________________________________________

___________________________________________________________________________________________________________

Sublessor and Subtenant 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 was provided to Subtenant.

Subtenant:
___________________________________
___________________________________

Acknowledged by Sublessor:
___________________________________
___________________________________

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, 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, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.  Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessors 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 paint 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.

(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 lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________  

(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) _____ Lessee has received copies of all information listed above.

(d) _____ Lessee has received the pamphlet Protect Your Family From Lead In Your Home.

Agents Acknowledgment (initial)

(e)——— Agent has informed the Lessor of the Lessors 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 information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

—————————
 —————————— —————————— —————————
Lessor                Date             Lessor            Date

——————————
 —————————— —————————— ————————
Lessee                 Date             Lessee             Date

——————————
 —————————— ———————— —————————
Agent                 Date             Agent             Date


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