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This agreement is used by parties seeking to sublet a property to a tenant on a rental basis. It is intended to be used after a master lease agreement is already in place. This document contains numerous of the standard clauses commonly used in these types of agreements, as well as opportunities for customization to address the specific needs of the parties. This agreement to sublease is useful to landlords or tenants located in South Carolina seeking to form an agreement between a sublessor and subtenant.
Docstoc Legal Agreements This agreement is used by parties seeking to sublet a property to a tenant on a rental basis. It is intended to be used after a master lease agreement is already in place. This document contains numerous of the standard clauses commonly used in these types of agreements, as well as opportunities for customization to address the specific needs of the parties. This agreement to sublease is useful to landlords or tenants located in South Carolina seeking to form an agreement between a sublessor and subtenant. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state. Use at your own risk. 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All Rights Reserved AGREEMENT TO SUBLEASE THIS SUBLEASE AGREEMENT is made between ________________________ [Instruction: Insert name of Sublessor or Sub-landlord], individually or collectively as the “Sublessor,” and ___________________________ [Instruction: Insert the name of Subtenant], as the “Subtenant,” together referred to as the “Parties.” ________________________, [Instruction: Insert name of property owner] (“Lessor”) and the Sublessor as the Lessee executed the Master Lease by which property was leased to the Sublessor as the Lessee. NOW, the Sublessor wishes to Sublease (all / part) of that property referred to in this Sublease as the Premises (defined below) to the Subtenant; and the Subtenant wishes to lease those Premises from the Sublessor. IN CONSIDERATION for the mutual promises, covenants, and agreements made below, the Parties, intending to be legally bound, agree as follows: 1. Definitions For purposes of this Agreement, the following terms will have the indicated definitions: a. “Agreement” This Agreement is by and between the Sublessor and the Subtenant. b. “Master Lease” The lease between the Sublessor and Lessor dated ______ [Month] ____ [Date], 20__ [Year], and expiring ______ [Month] ____ [Date], 20__ [Year], [Instruction: Insert the start and end date of the Master Lease] whereby the Sublessor (as Lessee) leased from the Lessor the Premises (attached as Exhibit A – Master Lease). c. “Premises” The apartment / house situated in the City of _____________ [Instruction: Insert the City], State of South Carolina, described as ___________________________ [Instruction: Enter the location]. [Optional: See Exhibit A for the Premises.] 2. Original Lease In addition to the provisions of this Sublease Agreement, the Subtenant agrees to be bound by all the conditions of the Lease between the Sublessor and the Lessor, the Master Lease. The Subtenant agrees to assume all of the obligations and responsibilities of the Sublessor under the Master Lease for the duration of the Sublease Agreement. 3. RENT PAYMENTS: The Subtenant will pay a total monthly rent of _________ ($__). [Instruction: Insert the monthly rent] Rent will be payable on the _____ (__) day [Instruction: Insert day payment is to be made by, e.g., [First (1st)]] of each month directly to the Sublessor. 4. Uses © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 The Subtenant shall use and occupy the Premises for residential purposes only. The Premises shall be used for no other purpose. The Sublessor represents that the Premises may lawfully be used for such purpose. 5. Utilities All charges for utilities connected with the Premises, which are to be paid by the Sublessor under the master lease, shall be paid by the Subtenant for the term of this sublease. 6. Agreement Termination If the Master Lease is terminated, this Sublease shall terminate simultaneously and the Sublessor and the Subtenant shall thereafter be released from all obligations under this Sublease. Upon termination, the Sublessor will refund to the Subtenant any unearned rent. In accordance with paragraph 2, if the Sublessor terminates the Subtenant tenancy in the Premises under the Master Lease, the Sublessor will provide ___________ (___) [Instruction: Insert the number of days notice required, e.g., fourteen (◊ 14)] days notice to the Subtenant. 7. Property Condition The Subtenant agrees to surrender and deliver to the Sublessor the Premises and all furniture and decorations within the Premises in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted. The Subtenant will be liable to the Sublessor for any damages occurring to the Premises or the contents thereof or to the building that are done by the Subtenant or his, her, or their guests. 8. Alterations The Subtenant agrees not to alter in any way the apartment, its furnishings, its appliances and locks without the Lessors prior written permission. No painting is permitted in the apartments. Do not use tape or sticky materials on walls for pictures or posters; small hanging nails are permitted. All holes shall be spackled before moving out. 9. Access The Lessor retains the right to enter the apartment at any time (within reason) for inspection, repair, pest control, or emergency. The Subtenant has a right to privacy and the Lessor will always respect this right. 10. Deposit The Subtenant agrees to pay the Sublessor a deposit of _____________ ($____) [Instruction: Insert the amount, e.g., fifty thousand dollars (◊ $50,000)] to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. The Sublessor agrees that if the Premises and contents thereof are returned to him/her in the same condition as when received by the Subtenant, reasonable wear and tear thereof excepted, and if there is no unpaid rent or unpaid utility bills owed by the Subtenant, he/she will refund to the Subtenant © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 __________________ ($____) [Instruction: Insert the amount, e.g., forty eight thousand dollars (◊ $48,000)] at the end of the term, or within Twenty (20) days thereafter. Any reason for retaining a portion of the deposit shall be explained in writing within Twenty (20) days to the Subtenant. 11. Subleasing and Assignment The Subtenant may not lease, sublease, or assign the Premises without the prior written consent of the Sublessor, which may be withheld or denied at the [choose one: sole, or reasonable] discretion of Sublessor. 12. Quiet Enjoyment The Sublessor covenants that the Subtenant shall be entitled to quiet enjoyment of the Premises, provided that the Subtenant complies with the terms of this sublease. 13. Inventory Form (Optional) [Comment: Keep this clause if there is inventory attached or to be provided with the property to the subtenant] At the time of the taking possession of the Premises by the Subtenant, the Sublessor will provide the Subtenant with an inventory form within ___________ (___) [Instruction: Insert the amount, e.g., fourteen (◊ 14)] days of taking possession. 14. Sole Agreement The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto. (Any oral representations made at the time of executing this lease are not legally valid, and therefore, are not binding upon either party). 15. Parental/Guardian Guarantee If the Subtenant is under 18 years of age, then his/her legal guardian or parent guarantees and agrees to perform all of the terms, covenants, and conditions of this sublease by affixing his signature. 16. Use of Words The words "Sublessor" and “Subtenant " as used herein includes the plural as well as the singular. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 17. Attorney’s Fees In case any legal action should be brought for recovery of the Premises, or for any sum due under this Agreement, or because of any act that may arise out of the possession of the Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney’s fee. 18. Landlord Approval This sublease is not binding upon either party unless approved by the landlord as provided below, provided such approval is required by the original lease. 19. Governing Law This Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of South Carolina. The Parties hereby bind themselves to this agreement by their signatures affixed below on this _________ [Date] day of __________________ [Month], 20____ [Year]. Printed Name of Sublessor(s) Signature of Sublessor(s) __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ Printed Name of Subtenant (s) Signature of Subtenant (s): __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ [Comment: Include parent or guardian signature, if Subtenant is under 18 years of age] I hereby give my consent as landlord to subletting of the above described Premises as set out in this Sublease Agreement. Printed Name of Landlord or Agent: ____________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 Signature of Landlord or Agent: ____________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 EXHIBIT A MASTER LEASE AGREEMENT © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7 EXHIBIT B DESCRIPTION OF PREMISES © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8
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