Sublease of Residential Lease with Landlord Consent
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Sublease of Residential Lease with Landlord Consent

Sublease of Residential Lease with Landlord Consent

This sublease is between , an individual (the "Original Tenant') and , an individual (the "New Tenant").

On or about , the Original Tenant and (the "Landlord") entered into a lease agreement (the "Lease"), which is attached as Exhibit A.

The Lease covers the residential property located at , , , , (the "Premises"). 

Under section  of the Lease, the Original Tenant is permitted to sublease its interest in the Lease, with the consent of the Landlord.

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  (the "Effective Date") and end on (the "End Date"). The period from the Effective Date to the End Date is the "Term." The New Tenant may not hold over on the Premises past the Term for any reason. 

2. ASSUMPTION OF RIGHTS AND OBLIGATIONS.

During the Term, the New Tenant shall assume all rights and obligations under the Lease and the Original Tenant shall have no further obligations under the Lease during the Term.but the Original Tenant shall remain bound to the Landlord on the terms of the Lease during the Term. The Original Tenant remains responsible for obligations accruing before and after the Term. 

3. TERMINATION OF LEASE.

The Original Tenant will provide at least days' prior notice to the New Tenant before the Original Tenant terminates his or her tenancy in the Premises. If the Lease is terminated for any reason, this sublease will terminate automatically effective the same date.

4. SECURITY DEPOSIT.

On or before the Effective Date, the New Tenant shall pay $ to the Original Tenant, as security for the New Tenant's performance of its obligations under this sublease. The Original Tenant shall return this deposit to the New Tenant, reduced by any deductions for damages to the Premises or other violations of this sublease, within  days of the End Date.

5. INDEMNIFICATION.

  • (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.

8. NEW TENANT'S INTEREST IN THE APARTMENT.

The New Tenant will be one of  tenants occupying the Premises (the "Tenants"). The New Tenant will  not  share a bedroom  with . The New Tenant may  not  share all of the common spaces (e.g., living room, dining room, kitchen, and bathroom) equally with the other Tenants.

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.

10. INTERPRETATION.

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 County, .

12. AMENDMENTS.

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.

14. SEVERABILITY.

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.

15. NOTICES.

  • (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.

16. WAIVER.

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.

18. HEADINGS.

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.

19. EFFECTIVENESS.

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.



Date: _________________


By:__________________________________________
Name: 


Date: _________________


By:__________________________________________
Name: 

LANDLORD'S CONSENT
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. Notwithstanding this sublease and my consent to it, the Original Tenant remains primarily obligated as tenant under the Lease and I do not waive or relinquish any rights under the Lease against either the New Tenant or the Original Tenant.As of the Effective Date of the sublease, I release the Original Tenant from all liability for obligations (including rent payments) under the Lease during the Term.



Date: _________________


By:__________________________________________
Name: 
Title:





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EXHIBIT A
Attach copy of Lease

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