Key Elements of a Successful Sublease Agreement: Sublessor vs. Sublessee

This Agreement is made and entered into on ____________ [Date], between:

Sublessor:

Name: ___________________________ Address: ___________________________ Phone: ___________________________ Email: ___________________________ AND

Sublessee:

Name: ___________________________ Address: ___________________________ Phone: ___________________________ Email: ___________________________

Purpose:

This Sublease Agreement (“Agreement”) is intended to govern the terms and conditions by which the Sublessor will lease certain residential property to the Sublessee. Both parties agree to abide by the terms set forth herein.

Property and Lease Terms

Property Address: Address: ___________________________________________________ City: ___________________________ State: ___________________________ Zip: ___________________________ Lease Term: This Sublease Agreement shall begin on ________________ [Start Date] and shall end on ________________ [End Date]. Security Deposit: A security deposit of $_________ is required to secure compliance with this Agreement. Rent: The Sublessee agrees to pay a monthly rent of $__________. Payments should be made on the __________ day of each month. Utilities: The following utilities are included in the monthly rent payment:

• Electricity
• Water
• Gas
• Internet
• Other: ___________________

Furnishings: The property is provided:

• Furnished
• Unfurnished If furnished, the following items are included: 

____________________________________________________

Responsibilities and Obligations

Sublessor’s Responsibilities:

• Maintenance: Sublessor is responsible for the general maintenance and upkeep of the common areas and provided utilities.
• Repairs: Sublessor shall make necessary repairs within __________ days of receiving written notice from Sublessee.

Sublessee’s Responsibilities:

• Cleaning: Sublessee shall maintain the property in a clean and habitable condition.
• Repairs: Sublessee shall inform Sublessor of any damage or repairs needed, and shall not undertake any repairs without prior written consent of the Sublessor.
• Rent: Sublessee agrees to pay rent on time and in the manner specified in the “Rent” section of this Agreement.
• Utilities: Sublessee is responsible for any utilities not covered in the “Utilities” section of this Agreement.

Pets:

• No pets are allowed on the property.
• Pets are allowed on the property. A pet deposit of $________ is required.

Alterations: Sublessee shall not make any alterations to the property, including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers, or other items without first obtaining written permission from Sublessor. Inspection: Sublessor reserves the right to enter the property for the purposes of inspection, repair, maintenance, and emergency.

Termination and Renewal

Termination by Sublessor:

• Sublessor may terminate this agreement with a written notice at least __________ days prior to the termination date.
• Grounds for immediate termination may include but are not limited to violation of any part of this agreement, including failure to pay rent or violation of any laws.

Termination by Sublessee:

• Sublessee may terminate this agreement with a written notice at least __________ days prior to the termination date.
• A termination fee of $__________ will apply if Sublessee terminates the agreement before the term ends, except in the case of military deployment, domestic violence, or other legally protected reasons.

Renewal:

• This Agreement will automatically renew for subsequent periods of the same length as the initial term unless either party provides written notice of termination at least __________ days before the end-date of the current period.

Security Deposit Return:

• The security deposit will be returned within __________ days following the termination of this Agreement, minus any costs for necessary repairs or rent owed.

Maintenance and Repairs

Sublessee Responsibilities:

• Sublessee shall, at their own expense, keep and maintain the premises in a clean and sanitary condition.

Sublessor Responsibilities:

• Sublessor shall be responsible for repairs to the property structure, plumbing, electrical, and major appliances, unless damage is due to the negligence or willful misconduct of Sublessee.

Notice for Repairs:

• Sublessee shall provide written notice to Sublessor for any repairs that are needed, allowing __________ days for completion of said repairs.

Emergency Repairs:

• In the event of an emergency that risks the safety of persons or property, Sublessee may arrange for immediate repairs and will notify the Sublessor as soon as reasonably possible.

Inspection:

• Sublessor reserves the right to enter the premises for the purposes of inspection, repair, maintenance, and emergency with a __________ hour notice to Sublessee, except in cases of emergency where no notice is required.

Utilities and Amenities

Included Utilities:

• The utilities for the premises are as follows: __________, __________, __________. These utilities are included in the monthly rent and will be paid by the Sublessor.

Excluded Utilities:

• Any utilities not mentioned above are the sole responsibility of the Sublessee and must be paid separately.

Amenities:

• Amenities provided on the property include: __________, __________, __________.

Internet and Cable:

• Internet and cable services are [included/not included] in the rent. If not included, Sublessee is responsible for arranging and paying for these services.

Trash and Recycling:

• Trash and recycling are to be disposed of by the Sublessee in the appropriate bins provided and in compliance with local disposal and recycling regulations.

Governing Law and Entire Agreement

Governing Law:

• This Sublease Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of ________.

Entire Agreement:

• This Sublease Agreement constitutes the entire agreement between the parties relating to the subject matter herein. Any modifications or amendments must be in writing and signed by both parties.

Severability:

• If any provision of this Sublease Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

Conflict with Original Lease:

• In the event of any conflict between the provisions of this Sublease Agreement and the Original Lease, the provisions of the Original Lease will govern.

Rules and Regulations

Compliance with Laws:

• The Sublessee agrees to comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities now in force, or which may later be in force, regarding the use of the premises.

Original Lease:

• The Sublessee is bound by and shall comply with all terms and conditions of the Original Lease between the Sublessor and the Landlord.

Additional Rules:

• [Additional rules and regulations specific to this Sublease Agreement, if any, should be listed here.]

Liability and Insurance

Liability:

• The Sublessee shall not hold the Sublessor liable for any personal injury, property damage, or other loss sustained as a result of any accident, conditions, or other occurrences on the premises, unless such injury, damage, or loss is caused by the willful act of the Sublessor.

Renter’s Insurance:

• The Sublessee is strongly advised to secure appropriate insurance coverage. Any insurance carried by the Sublessee shall be for the benefit of the Sublessee solely and shall not offset any liability of the Sublessee to the Sublessor.

Property Insurance:

• The Sublessor makes no guarantees regarding the adequacy of any property insurance to cover losses incurred by the Sublessee. The Sublessee is responsible for obtaining their own insurance policy to cover any personal possessions.

Indemnification:

• The Sublessee agrees to indemnify, defend, and hold harmless the Sublessor from and against all liability, loss, claims, expenses, and costs (including attorney fees), arising out of or related to any condition, act, or omission by the Sublessee.

Legal Compliance

Compliance with Laws:

• Both the Sublessor and Sublessee agree to adhere to all municipal, state, and federal laws regarding the use, condition, and occupancy of the property.

Conflict with Primary Lease:

• In the event that any provision in this Sublease Agreement conflicts with the terms of the original Lease Agreement, the terms of the original Lease Agreement shall prevail.

Governing Law:

• This Sublease Agreement shall be governed by, and construed in accordance with, the laws of the State of [_______].

Entire Agreement:

• This Sublease Agreement constitutes the entire agreement between the parties and supersedes all other agreements, whether oral or written, between the parties.

Amendments and Modifications

Written Consent:

• Any amendments, modifications, or alterations to this Sublease Agreement must be in writing and signed by both parties to be enforceable.

No Oral Modifications:

• No oral agreement, guarantee, promise, or understanding shall be enforceable unless it is subsequently memorialized in writing and signed by both parties.

Approval from Primary Lessor:

• Any amendments or modifications to this Sublease Agreement that affect the terms of the original Lease Agreement may require written consent from the Primary Lessor.

Dispute Resolution

Initial Resolution Attempt:

• Both parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Sublease Agreement through direct negotiation.

Mediation:

• If direct negotiation fails, both parties may agree to enter into a formal mediation process with a neutral third-party mediator.

Arbitration Clause:

• If mediation is unsuccessful or if either party refuses mediation, disputes may be settled by arbitration as agreed upon by both parties. The arbitration process will be conducted in accordance with the American Arbitration Association rules or as otherwise agreed.

Court Jurisdiction:

• Should arbitration not be agreed upon, both parties agree that any actions or legal proceedings relating to this Sublease Agreement will be conducted in the courts of ___________ (insert jurisdiction).

Legal Fees:

• In any dispute arising out of this Sublease Agreement, the prevailing party will be entitled to reasonable attorney’s fees and court costs.

Miscellaneous

Entire Agreement:

• This Sublease Agreement constitutes the entire agreement between the Sublessor and Sublessee, superseding any previous agreements, whether oral or written.

Amendments:

• Any amendments to this Sublease Agreement must be in writing and signed by both parties.

Waiver:

• No waiver of any provision of this Sublease Agreement shall be deemed a waiver of any other provision nor shall any waiver constitute a continuing waiver.

Severability:

• If any provision of this Sublease Agreement is found to be unenforceable or illegal, that provision will be severed from the agreement, and the remaining provisions will remain in full force and effect.

Notices:

• Any notices or communications required or permitted to be given under this Sublease Agreement shall be in writing and shall be delivered by hand, mailed by registered mail, or sent by electronic mail to the addresses specified by both parties.

Governing Law:

• This Sublease Agreement shall be governed by, and construed in accordance with the laws of the State of ____________.

Headings:

• The headings used in this Sublease Agreement are for organizational purposes only and do not form a part of the legal terms and conditions.

Signature

By signing below, both parties acknowledge that they have read, understood, and agreed to all terms and conditions of this Sublease Agreement. Sublessor’s Signature Date Sublessor’s Printed Name Sublessee’s Signature Date Sublessee’s Printed Name