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SAMPLE SUBLEASE OF RESIDENTIAL LEASE WITH LANDLORD CONSENT
This sublease is between
On or about
The Lease covers the residential property located at
The Original Tenant wishes to sublease to the New Tenant its rights in, and delegate its obligations under, the Lease, and the New Tenant wishes to accept this sublease.
The parties therefore agree as follows:
1. SUBLEASE; TERM.
The Original Tenant subleases to the New Tenant all of its interest in the Lease and the Premises, subject to the terms in the Lease and this sublease. This transfer will become effective as of
2. ASSUMPTION OF RIGHTS AND OBLIGATIONS.
During the Term, the New Tenant shall assume all rights and obligations under the Lease
4. SECURITY DEPOSIT.
- (a) The Original Tenant shall indemnify the New Tenant against any award, charge, claim, compensatory damages, cost, damages, exemplary damages, diminution in value, expense, fee, fine, interest, judgment, liability, settlement payment, penalty, or other loss (a "Loss") or any attorney's or other professional's fee and disbursement, court filing fee, court cost, arbitration fee, arbitration cost, witness fee, and each other fee and cost of investigating and defending or asserting a claim for indemnification (a "Litigation Expense") arising out of the Original Tenant's breach of his or her obligations under the Lease before the Effective Date or after the End Date of this sublease.
- (b) The New Tenant shall indemnify the Original Tenant against all Losses or Litigation Expenses relating to the Lease, except if those Losses or Litigation Expenses arise from the Original Tenant's failure to perform his or her obligations under the Lease before the Effective Date or after the End Date.
- (c) The New Tenant shall indemnify the Original Tenant against all Losses or Litigation Expenses attributable to the acts or omissions of the New Tenant or his or her agents, contractors, or employees with respect to the Premises or any activities on the Premises. This indemnification will survive the termination of the Lease and this sublease.
6. CONTINUING EFFECTIVENESS OF LEASE.
This sublease is made on the understanding that all other terms of the Lease remain in full effect, including the prohibition against assignments and further subleases without the Landlord's express written consent.
7. ORIGINAL TENANT'S REPRESENTATIONS.
The Original Tenant represents that:
- (a) he or she is the lawful and sole owner of the interests subleased under this sublease;
- (b) the interests transferred under this sublease are free from all encumbrances;
- (c) except for the Landlord and the Original Tenant, there are no parties in possession or occupancy of the Premises or any part of them, and there are no parties with possessory rights on the Premises or any part of them; and
- (d) he or she has performed all obligations and made all required payments under the Lease.
9. CONDITION OF PREMISES.
The New Tenant has examined and inspected the Premises and accepts them "as is" and in their present condition with all faults. Except as provided in this sublease, the Original Tenant makes no representations, covenants, or guaranties about the status, nature, or condition of the Lease or the Premises.
In interpreting the language of this sublease, the parties shall be treated as having drafted this sublease after meaningful negotiations. The language in this sublease will be construed as to its fair meaning and not strictly for or against either party.
11. GOVERNING LAW.
- (a) Choice of Law. The laws of the state of
govern this agreement (without giving effect to its conflicts of law principles).
- (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in
No amendment to this sublease will be effective unless it is in writing and signed by a party or its authorized representative.
13. COUNTERPARTS; ELECTRONIC SIGNATURES.
- (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
- (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
If any one or more of the provisions contained in this sublease is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this sublease, but this sublease will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this sublease to be unreasonable.
- (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- (b) Addresses. A party shall address notices under this section to a party at the following addresses:
- If to the Original Tenant:
- If to the New Tenant:
- (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this sublease will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
17. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
The descriptive headings of the sections and subsections of this sublease are for convenience only, and do not affect this agreement's construction or interpretation.
This sublease will become effective when all parties have signed it. The date this sublease is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this sublease.
20. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this sublease contemplates or to evidence or carry out the intent and purposes of this sublease.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
As Landlord under the Lease, I hereby consent to this sublease of the Lease, and to the New Tenant's assumption of the Original Tenant's obligations under it.
[PAGE BREAK HERE]
Attach copy of Lease
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Here's the info you'll need to have handy to complete your doc:
Who the original tenant is
Have their name and contact info ready.
Who the new tenant is
Have their information available, too.
Roommates and access
Know if anyone else lives there and what spaces the new tenant has access to.
What's a sublease of residential lease with landlord consent?
From a dream job in another city to a relationship ending to the need for a new roommate—sometimes, it's time to move on from (or make changes) to a lease before it's up. If you want to transfer some of your residential lease responsibilities to someone new, a sublease helps protect both parties.