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RESIDENTIAL SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT dated this ________ day of ________________, ________
BETWEEN:
_________________________
(the "Sublandlord")
OF THE FIRST PART
- AND-
(the "Subtenant")
OF THE SECOND PART
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:
IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
_____________________________Witness
______________________________________________________
Consent of Landlord to Sublease Agreement
The undersigned, the landlord in the Master Lease of May 15, 2022, 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____
A Residential Sublease Agreement is also known as a:
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.
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.
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.
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.
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.
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