Free Residential Sublease Agreement

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Residential Sublease Agreement

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RESIDENTIAL SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT dated this 10th day of December, 2019

BETWEEN:

_________________________

(the "Sublandlord")

OF THE FIRST PART

- AND-

_________________________

(the "Subtenant")

OF THE SECOND PART

  1. Background
  2. This is an agreement (the "Sublease Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublease Agreement are subject to the terms and restrictions of the master lease (the "Master Lease") dated December 10, 2019 between _________________________ (the "Landlord") and the Sublandlord, with respect to the following house and any improvements on those lands (the "Premises") municipally described as: ______________________________________________.

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

  1. Subleased Premises
  2. The Sublandlord agrees to sublease to the Subtenant all of the Premises (the "Subleased Premises"), for use as a residential Subleased Premises only. Neither the Subleased Premises nor any part of the Subleased Premises will be used at any time during the Term of this Sublease 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 Sublease Agreement commences at 12:00 noon on December 10, 2019 and ends at 12:00 noon on December 10, 2019.
  5. Rent
  6. The amount of rent and the frequency of payment are the same as under the Master Lease.
  7. The Subtenant will deliver or send the rent to the Sublandlord at __________________________________, or at such place as the Sublandlord may later designate.
  8. Utilities
  9. All payments for utilities and other charges connected with the Subleased Premises, which are to be paid by the Sublandlord under the Master Lease, will be paid by the Subtenant for the remainder of the Term.
  10. Maintenance
  11. The Subtenant agrees to surrender and deliver to the Sublandlord the Subleased Premises and all furniture and decorations within the Subleased 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 Sublandlord and the Landlord for any damages occurring to the Subleased Premises or the contents of the Subleased 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 Sublandlord a deposit of $__________ (the "Deposit") to cover damages and cleaning. The Sublandlord agrees that if the Subleased Premises and contents in the Subleased Premises are returned to the Sublandlord in the same condition as when received by the Subtenant, reasonable wear and tear excepted, the Sublandlord 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 Sublandlord under the Master Lease. The Subtenant will include both the Sublandlord and the landlord as additional insureds on all policies of insurance.
  17. The Subtenant will provide proof of such insurance to the Sublandlord and the Landlord upon the request of the Sublandlord or the Landlord. 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 Subleased Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
  20. Taxes
  21. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Subleased Premises and any personal property on or about the Subleased Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  22. Event of Default
  23. The Subtenant will default under this Sublease 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 Sublandlord 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 Sublease Agreement or any applicable obligation under the Master Lease.
    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 Subleased Premises or any part of the Subleased Premises.
    5. The Subtenant uses the Subleased 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 Sublease Agreement pertaining to the Subleased Premises.
    7. The Subleased Premises, or any part of the Subleased 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 Sublandlord has any or all of the following remedies:
    1. Terminate the Sublease Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublease Agreement or the Master Lease, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublandlord may reenter the Subleased Premises or any part of the Subleased Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Subleased Premises.
    4. Any other remedy provided in the Act.
  26. No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublease Agreement or the Master Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord 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 Lease or this Sublease Agreement, all obligations of the parties under this Sublease Agreement will be extinguished.
  28. Any improvements remaining on the Subleased Premises upon termination will revert to the Sublandlord 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 Sublease Agreement that the tenancy created by this Sublease Agreement and the performance under this Sublease Agreement, and all suits and special proceedings under this Sublease Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Alberta, 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 Sublease and the Province of Alberta (the "Act"), the Act will prevail and such provisions of the Sublease 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 Sublease Agreement.
  33. If there is a conflict between any provision of this Sublease Agreement and any form of Sublease Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease 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 Sublease Agreement.
  34. In the event that any of the provisions of this Sublease 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 Sublease 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 Subleased 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 Subleased Premises.
  37. Subletting
  38. The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of the Sublandlord and the Landlord.
  39. Notices
  40. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es): ___________________________________
  41. Unless otherwise specifically provided in this Sublease Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es): ___________________________________
  42. All notices to be given under this Sublease Agreement will be in writing and will be served personally or sent by certified or registered mail using Canada Post.
  43. Master Lease
  44. This Sublease Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Sublease Agreement, and which is incorporated as if it were set out in this Sublease Agreement.
  45. General Provisions
  46. At the time of taking possession of the Subleased Premises by the Subtenant, or within __________ days of such possession, the Sublandlord will provide the Subtenant with an inspection form.
  47. In the event of any legal action concerning this Sublease 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.
  48. Subject to the other provisions of this Sublease Agreement, this Sublease 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 Sublease Agreement are not legally valid and, therefore, are not binding upon either party.
  49. The words "Sublandlord" and "Subtenant" as used in this Sublease Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublease Agreement.
  50. The Sublandlord may enter the Subleased Premises upon 24 hours' notice for any of the following reasons:
    1. to inspect the Subleased Premises;
    2. to maintain the Subleased Premises; or
    3. to make repairs that the Sublandlord is obligated to perform.
  51. The Sublandlord 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 Sublease Agreement be construed as creating a partnership or joint venture between the parties to this Sublease Agreement.
  52. 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 Sublease Agreement by affixing their signature below.
  53. Each signatory to this Sublease Agreement acknowledges receipt of an executed copy of this Sublease Agreement.
  54. This Sublease Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this 10th day of December, 2019.



_____________________________
Witness



_____________________________
_________________________



_____________________________
Witness



_____________________________
_________________________

Consent of Landlord to Sublease Agreement

The undersigned, the landlord in the Master Lease of December 10, 2019, hereby consents in writing to the foregoing Sublease Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Lease.

Dated: _____ day of__________________, 20____



_____________________________
Witness



_____________________________
_________________________

Residential Sublease Agreement Information

Alternate Names:

A Residential Sublease Agreement is also known as a:

  • Sublease Agreement
  • Sublease Contract
  • Sublet Contract
  • Sublet Agreement
  • Sublease Form

What is subletting?

Subletting is when the original tenant of a residential or commercial property rents out a portion or all of a rental property to new tenant. The original tenant is known as the sublandlord, and the new tenant is known as the subtenant.

What is a Residential Sublease Agreement?

A Residential Sublease Agreement can be used for any type of residential rental property, such as an apartment, condo, house, basement suite, mobile home, coach home, and more.

The sublease cannot exceed the length of time of the master lease (the lease agreement that the original tenant signed when they initially rented the property). For instance, if the original tenant signed a lease for one year and has been living at the property for six months, a subtenant can only lease the property for a maximum of six months.

LawDepot's Residential Sublease Agreement is tailored to residential rental properties. If you need to sublease a commercial property, a Commercial Sublease Agreement should be used instead.

Does a subtenant need a copy of the original lease?

A copy of the master lease should be attached to the sublease agreement. The original tenant and subtenant are both responsible for the terms and conditions listed in the master lease, so the subtenant should have a copy of the master lease.

Do you need your landlord's consent to sublease?

If a current tenant wants to sublet the property they are renting, it is a good idea for them to get consent from their landlord first. Usually, the current tenant's Residential Lease Agreement will list specific rules about subleasing. If written permission from the landlord is required in order to sublease, then the current tenant can use a Landlord's Consent to Sublease.

Most provinces also have a Residential Tenancy Act or similar legislation that indicates a certain time period that the landlord has to respond to a sublet request by their tenant. Some provinces will allow subletting if the landlord does not respond in the time frame indicated in that province's tenancy act. Other provinces require an application be made to the local residential tenancy board to allow subletting to take place.

What is the difference between assignment and subletting?

In a sublease, the original tenant either moves out of the property and a new tenant moves in for the time period specified in the sublet contract, or the original tenant subleases a portion of the property to another tenant. The original tenant either returns to the property and resumes living there before the master lease ends, or in the case of the original tenant renting a portion of the property to another tenant, the new tenant moves out before the master lease ends.

As an example, let's say you're leaving the country to complete an internship for school and won't return for three months. In order to avoid having to pay rent on an empty apartment for those three months, you could sublease your rental to another tenant. Once you return from your internship, you can resume your lease.

In a Lease Assignment, the original tenant moves out and a new tenant permanently takes over the rental property for the remaining time on the master lease.

For instance, let's say that you decide to move to another city for work purposes, but you have time remaining on your current rental lease. In order to avoid potential penalties for breaking your lease early, you can use an assignment to transfer the remaining time in the master lease to a new tenant.

Related Documents:

  • Roommate Agreement: sets out the rules and responsibilities of each roommate during a shared tenancy
  • Residential Lease: outlines the terms and conditions of an agreement between a landlord and tenant for a residential rental property
  • Residential Rental Inspection Report: records the inspection of a rental property before a tenant moves in, and again when they move out
  • Residential Rental Application: landlords use this document to collect information for screening potential tenants
  • Eviction and Lease Notices: landlords can use these documents to send various notices to their tenants, such as an Eviction Notice, Notice of Lease Violation, Notice to Increase Rent, Notice of Termination, Demand for Compliance or Possession, and Notice to Pay Rent
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