Sublease Agreement
This Sublease Agreement (this "Sublease") is made on between ("Sublessor") and ("Subtenant"). Each is a "Party" and together they are the "Parties".
Sublessor is the tenant under a lease dated with of (the "Landlord") for the property at (the "Property"). That lease is referred to in this Sublease as the "Master Lease". Sublessor wishes to sublet the Property, or the part of it described in clause 2, to Subtenant, and Subtenant wishes to take it, on the terms of this Sublease and subject at all times to the Master Lease and to the Landlord's written consent under clause 3.
1. Parties and the Master Lease
Sublessor represents to Subtenant that the Master Lease is in full force and effect, that Sublessor is not in default under it, and that Sublessor has given Subtenant a true and complete copy of the Master Lease to read before signing this Sublease. Subtenant acknowledges having read the Master Lease and having had the opportunity to ask Sublessor questions about it before signing.
Where any term of this Sublease conflicts with the Master Lease, the Master Lease governs, and the conflicting term of this Sublease has no effect to that extent. This Sublease gives Subtenant no right against the Landlord that the Master Lease does not give Sublessor, and the Landlord is not bound by this Sublease except by signing the consent in clause 3.
2. The Sublet Premises
Sublessor sublets to Subtenant , together with (the "Sublet Premises"). Anything not listed above is not included and remains Sublessor's.
Subtenant accepts the Sublet Premises in their present condition, subject to any defect recorded in a move-in inspection or condition report the Parties complete on or before the start date stated in clause 4. The Sublet Premises are to be used for residential use only, on the terms of clause 7.
3. Landlord's Consent
This Sublease has no effect, and Subtenant obtains no right to occupy the Sublet Premises under it, unless and until the Landlord gives written consent. That consent is recorded by the Landlord's signature at the end of this Sublease, and this Sublease takes effect on the date of that signature, not on the date Sublessor and Subtenant sign it.
By signing this Sublease, the Landlord consents to this specific sublease of the Sublet Premises to Subtenant, on the terms stated in this Sublease, and for no other purpose. That consent does not amend the Master Lease, does not consent to any future sublease, assignment or further subletting, and — as clause 8 states — does not release Sublessor from any obligation to the Landlord under the Master Lease.
4. Sublease Term
This Sublease begins on and ends on (the "Sublease Term"), unless it ends earlier under this Sublease or by operation of law. The Master Lease ends on . The Sublease Term shall not extend beyond that date under any circumstance.
If the Master Lease ends earlier than the date stated above — including because Sublessor and the Landlord agree to end it early, or because either of them lawfully terminates it — this Sublease ends on the same date, whatever the Sublease Term states, and Sublessor shall give Subtenant written notice as soon as Sublessor becomes aware of it. Nothing in this paragraph affects Subtenant's rights against Sublessor under clause 8 for an early ending caused by Sublessor's own default under the Master Lease.
At the end of the Sublease Term, Subtenant shall vacate the Sublet Premises and return all keys and access devices to Sublessor, in the same condition as at the start of the Sublease Term apart from ordinary wear and tear, unless the Parties and the Landlord have agreed in writing to a new sublease.
5. Rent
Subtenant shall pay rent of per month, in advance, on the day of each month, without deduction or set-off except as applicable law allows. The first payment of is due on . Where the Sublease Term begins or ends part-way through a month, rent for that month is prorated on a daily basis.
Rent is paid to by . Where rent is paid to Sublessor, Sublessor remains responsible for paying the Landlord the rent due under the Master Lease in full and on time; a payment Subtenant makes to Sublessor on time satisfies Subtenant's obligation under this clause even if Sublessor then fails to forward it, and that failure is a matter between Sublessor and the Landlord under the Master Lease, not a default by Subtenant.
6. Security Deposit
On or before Subtenant shall pay a security deposit of (the "Deposit"). The Deposit secures Subtenant's performance of this Sublease. It is not rent and Subtenant shall not treat it as payment of any rent falling due during the Sublease Term.
Within after Subtenant vacates and returns possession of the Sublet Premises, the Deposit shall be returned to Subtenant at , less any amount properly deducted for unpaid rent, unpaid charges Subtenant owes under this Sublease, damage beyond ordinary wear and tear, or cleaning needed to return the Sublet Premises to the condition recorded at move-in, together with a written itemised statement of any deduction. Where the Deposit is held by Sublessor and Sublessor must first recover a corresponding amount from the deposit the Landlord holds under the Master Lease, Sublessor shall return Subtenant's Deposit on the timetable above regardless of when the Landlord settles with Sublessor.
7. Master Lease Terms Bind the Subtenant
Subtenant shall comply with, and is bound by, every restriction, rule and obligation the Master Lease imposes on Sublessor as tenant, to the same extent as if Subtenant were the tenant named in the Master Lease — including the permitted use of the Property, occupancy limits, rules on pets, guests, noise, alterations and nuisance, and any rule of the building or community the Landlord has given Sublessor in writing. Where this Sublease and the Master Lease each address the same matter with a different figure or period, the more restrictive of the two applies to Subtenant.
Without limiting the paragraph above, Subtenant specifically agrees to the following, each carried over from the Master Lease:
not to use the Sublet Premises for any purpose the Master Lease does not permit;
not to keep a pet at the Sublet Premises unless both the Master Lease and the Landlord permit it;
not to make any alteration to the Sublet Premises without the consent the Master Lease requires Sublessor to obtain;
not to sublet, assign or further share any part of the Sublet Premises, or add an occupant not named in this Sublease, without the written consent of both Sublessor and the Landlord;
to allow Sublessor and the Landlord to enter the Sublet Premises on the same notice, and for the same purposes, the Master Lease allows the Landlord; and
not to do anything at the Sublet Premises that would put Sublessor in breach of the Master Lease.
8. Sublessor Remains Liable
This Sublease does not release, novate or in any way reduce Sublessor's obligations to the Landlord under the Master Lease. Sublessor remains fully liable to the Landlord for the whole of the rent, and for every other obligation of the tenant, under the Master Lease for the whole of its term, exactly as if this Sublease had never been made.
A default by Subtenant under this Sublease — including a failure to pay rent or damage Subtenant causes to the Sublet Premises — does not discharge or reduce Sublessor's obligation to the Landlord under the Master Lease. Sublessor remains responsible to the Landlord for the Sublet Premises and shall perform every obligation the Master Lease imposes on the tenant, whether or not Subtenant has performed the corresponding obligation to Sublessor under this Sublease.
As between Sublessor and Subtenant only, Subtenant shall indemnify Sublessor for any loss Sublessor suffers because of Subtenant's default under this Sublease, including any amount the Landlord recovers from Sublessor as a result of something Subtenant did or failed to do. This clause creates no obligation running from Subtenant to the Landlord; Subtenant's only obligations to the Landlord are the ones clause 7 carries over from the Master Lease.
9. Default and Termination
Subtenant is in default under this Sublease if Subtenant fails to pay rent or any other sum when due, breaches any other obligation under this Sublease — including clause 7 — and does not put it right within of written notice from Sublessor, or does anything that puts Sublessor in breach of the Master Lease.
On a default, Sublessor may give Subtenant written notice as applicable law requires and, if the default is not cured within the period that law allows, may end this Sublease and recover possession of the Sublet Premises by lawful process, and may recover unpaid rent and the cost of repairing any damage. Sublessor may also end this Sublease immediately, on written notice to Subtenant, if the Master Lease ends for any reason, consistent with clause 4.
Sublessor is in default under this Sublease if Sublessor fails to perform an obligation under this Sublease and does not put it right within a reasonable time of written notice from Subtenant, and Subtenant may then pursue any remedy applicable law provides. No act of either Party — including accepting rent, or delaying enforcement — waives a default unless that Party waives it in writing.
10. Insurance
Neither the Landlord's insurance nor any insurance Sublessor carries covers Subtenant's possessions or Subtenant's liability to any other person. Subtenant shall obtain and keep in force for the whole of the Sublease Term a renter's or tenant's insurance policy with personal liability cover of at least , and shall give Sublessor evidence of that cover on request. Where "not required" is written in the blank above, this clause imposes no insurance obligation on Subtenant.
11. Governing Law and General Provisions
This Sublease and any dispute arising out of it are governed by the laws of , and the Parties submit to the jurisdiction of the courts of . Where any term of this Sublease conflicts with a mandatory requirement of the law governing the tenancy, that law prevails and the rest of this Sublease continues in force.
This Sublease, with the Master Lease it is subject to, is the entire agreement between Sublessor and Subtenant about the Sublet Premises, and replaces any earlier understanding, promise or representation about it. It may be amended only in writing signed by Sublessor and Subtenant; a change that affects what the Landlord consented to under clause 3 also needs the Landlord's written consent. If any provision is held unenforceable, the rest continues in force. Notices under this Sublease must be in writing and delivered by hand, by post to the address stated for that Party, or by email to and .
This Sublease may be signed in counterparts and by electronic signature, each of which is an original and all of which together form one agreement. Until Sublessor, Subtenant and the Landlord have each signed it, it is a draft and binds no one and gives Subtenant no right to occupy the Sublet Premises.