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RESIDENTIAL SUBLET AGREEMENT

THIS SUBLET AGREEMENT dated this 4th day of December, 2016

BETWEEN:

_________________________

(the "Sublessor")

OF THE FIRST PART

- AND-

_________________________

(the "Subtenant")

OF THE SECOND PART

  1. Background
  2. This is an agreement (the "Sublet Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublet Agreement are subject to the terms and restrictions of the master tenancy agreement (the "Master Tenancy Agreement") dated December 4, 2016 between _________________________ (the "Lessor") and the Sublessor, with respect to the following House and any improvements on those lands (the "Premises") municipally described as: ______________________________________________.

IN CONSIDERATION OF the Sublessor subletting and the Subtenant renting the Subleted Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. Subleted Premises
  2. The Sublessor agrees to sublet to the Subtenant all of the Premises (the "Subleted Premises") , for use as a residential Subleted Premises only. Neither the Subleted Premises nor any part of the Subleted Premises will be used at any time during the Term of this Sublet Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. Term
  4. The term (the "Term") of this Sublet Agreement commences at 12:00 noon on December 4, 2016 and ends at 12:00 noon on December 4, 2016.
  5. Rent
  6. The amount of rent and the frequency of payment are the same as under the Master Tenancy Agreement.
  7. The Subtenant will deliver or send the rent to the Sublessor at __________________________________, or at such place as the Sublessor may later designate.
  8. Utilities
  9. All payments for utilities and other charges connected with the Subleted Premises, which are to be paid by the Sublessor under the Master Tenancy Agreement, will be paid by the Subtenant for the remainder of the Term.
  10. Maintenance
  11. The Subtenant agrees to surrender and deliver to the Sublessor the Subleted Premises and all furniture and decorations within the Subleted Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
  12. The Subtenant will be liable to the Sublessor and the Lessor for any damages occurring to the Subleted Premises or the contents of the Subleted Premises or to the building which are done by the Subtenant or the Subtenant's guests.
  13. Damage Deposit
  14. The Subtenant agrees to pay to the Sublessor a deposit of $0.00 (the "Deposit") to cover damages and cleaning.  The Sublessor agrees that if the Subleted Premises and contents in the Subleted Premises are returned to the Sublessor in the same condition as when received by the Subtenant, reasonable wear and tear excepted, the Sublessor will refund to the Subtenant the Deposit, or the amount remaining, at the end of the Term, or within 30 days thereafter.  Any reason for retaining a portion of the Deposit will be explained in writing within 30 days to the Subtenant.
  15. Insurance
  16. The Subtenant, at the expense of the Subtenant, will carry insurance similar to that required of the Sublessor under the Master Tenancy Agreement. The Subtenant will include both the Sublessor and the lessor as additional insureds on all policies of insurance.
  17. The Subtenant will provide proof of such insurance to the Sublessor and the Lessor upon the request of the Sublessor or the Lessor.  In any event, the Subtenant will provide proof of such insurance upon the issuance or renewal of such insurance.
  18. Alterations and Improvements
  19. The Subtenant will have the same rights to make such alterations and improvements to the Subleted Premises as the Sublessor is allowed provided the Subtenant gets the prior written consent of both the Lessor and the Sublessor.
  20. Taxes
  21. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Subleted Premises and any personal property on or about the Subleted Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  22. Event of Default
  23. The Subtenant will default under this Sublet Agreement if any one or more of the following events (the "Event of Default") occurs:
    1. The Subtenant fails to pay the Rent to the Sublessor or any amount of it when due or within any grace period, if any.
    2. The Subtenant fails to perform any of its obligations under this Sublet Agreement or any applicable obligation under the Master Tenancy Agreement.
    3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
    4. The Subtenant abandons the Subleted Premises or any part of the Subleted Premises.
    5. The Subtenant uses the Subleted Premises for any unpermitted or illegal purposes.
    6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublet Agreement pertaining to the Subleted Premises.
    7. The Subleted Premises, or any part of the Subleted Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
    8. Any other event of default provided in the Act.
  24. Remedies
  25. Upon the occurrence of any Event of Default, the Sublessor has any or all of the following remedies:
    1. Terminate the Sublet Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublessor may, but is not obligated to, perform any obligation of this Sublet Agreement or the Master Tenancy Agreement, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublessor may reenter the Subleted Premises or any part of the Subleted Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Subleted Premises.
    4. Any other remedy provided in the Act.
  26. No reference to or exercise of any specific right or remedy by the Sublessor will prejudice or preclude the Sublessor from any other remedy whether allowed at law or in equity or expressly provided for in this Sublet Agreement or the Master Tenancy Agreement. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublessor may from time to time exercise any one or more of such remedies independently or in combination.
  27. Upon the expiration, termination or cancellation of the Master Tenancy Agreement or this Sublet Agreement, all obligations of the parties under this Sublet Agreement will be extinguished.
  28. Any improvements remaining on the Subleted Premises upon termination will revert to the Sublessor and will be free of any encumbrance at the time of such reversion.
  29. Governing Law
  30. It is the intention of the parties to this Sublet Agreement that the tenancy created by this Sublet Agreement and the performance under this Sublet Agreement, and all suits and special proceedings under this Sublet Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Commonwealth of Australia., without regard to the jurisdiction in which any action or special proceeding may be instituted.
  31. Severability
  32. If there is a conflict between any provision of this Subease and Commonwealth of Australia. (the "Act"), the Act will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublet Agreement.
  33. If there is a conflict between any provision of this Sublet Agreement and any form of Sublet Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublet Agreement.
  34. In the event that any of the provisions of this Sublet Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublet Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
  35. Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
  36. The Subtenant will ensure that the Subleted Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Subleted Premises.
  37. Subletting
  38. The Subtenant will not assign, transfer or further sublet the Subleted Premises or any part of the Subleted Premises without the prior written consent of the Sublessor and the Lessor.
  39. Additional Clause
  40. ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
  41. Notices
  42. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Subtenant to the Sublessor will be served or sent to the Sublessor at the following address(es): ___________________________________
  43. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Sublessor to the Subtenant will be served or sent to the Subtenant at the following address(es): ___________________________________
  44. All notices to be given under this Sublet Agreement will be in writing and will be served personally or sent by certified or registered mail using United States Postal Service.
  45. Master Tenancy Agreement
  46. This Sublet Agreement incorporates and is subject to the Master Tenancy Agreement, a copy of which is attached to this Sublet Agreement, and which is incorporated as if it were set out in this Sublet Agreement.
  47. THE SUBTENANT ACKNOWLEDGES THAT IT HAS SEEN OR BEEN PROVIDED WITH A LEAD PAINT DISCLOSURE FROM THE MASTER TENANCY AGREEMENT.
  48. General Provisions
  49. At the time of taking possession of the Subleted Premises by the Subtenant, or within 0 days of such possession, the Sublessor will provide the Subtenant with an inspection form.
  50. In the event of any legal action concerning this Sublet Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  51. Subject to the other provisions of this Sublet Agreement, this Sublet Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublet Agreement are not legally valid and, therefore, are not  binding upon either party.
  52. The words "Sublessor" and "Subtenant" as used in this Sublet Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublet Agreement.
  53. The Sublessor may enter the Subleted Premises upon 24 hours notice for any of the following reasons:
    1. to inspect the Subleted Premises;
    2. to maintain the Subleted Premises; or
    3. to make repairs that the Sublessor is obligated to perform.
  54. The Sublessor and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublet Agreement be construed as creating a partnership or joint venture between the parties to this Sublet Agreement.
  55. If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublet Agreement by affixing their signature below.
  56. Each signatory to this Sublet Agreement acknowledges receipt of an executed copy of this Sublet Agreement.
  57. This Sublet Agreement is not binding upon either party unless consented to by the Lessor as provided below.

IN WITNESS WHEREOF the Sublessor and the Subtenant have duly affixed their signatures under hand and seal on this 4th day of December, 2016.

Signatures to the Agreement
This agreement is made on the 4th day of December, 2016.

Sublessor's signature:

Witness (to Sublessor's signature):


_____________________________
_________________________


_____________________________


Subtenant's signature:

Witness (to Subtenant's signature):


_____________________________
_________________________

_____________________________

Consent of Lessor to Sublet Agreement

The undersigned, the lessor in the Master Tenancy Agreement of December 4, 2016, hereby consents in writing to the foregoing Sublet Agreement. The Lessor will provide both the Sublessor and the Subtenant with notice of any breach by the Subtenant under the Master Tenancy Agreement.

Dated: _____ day of__________________, 20____



_____________________________
Witness



_____________________________
_________________________

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