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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 Hawaii 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 Hawaii 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 SUBLEASE FORMS This Sublease Agreement (hereinafter the “Agreement”) is made this ____ [Month] ____ [Date], 20____ [Year] by and between ____________________ [Instruction: Insert the name of lessee under the original lease/Sub-Lessor] hereinafter referred to as the “Sub-Lessor” and ____________________ [Instruction: Insert the name of Sub-Lessee] hereinafter referred to as the “Sub-Lessee”. The Sub-Lessor and the Sub-Lessee may individually be referred to as the “Party” and collectively be referred to as the “Parties”. WHEREAS, the Sub-Lessor has heretofore entered into a lease hereinafter termed as the “Master Lease" with ______________________ [Instruction: Insert the name of Landlord] hereinafter referred to as the “Landlord”, dated the ____ [Month] ____ [Date], 20__ [Year] whereby the Landlord leased to the Sub-Lessor the Premises located at _________________________ _________________________ _________________________ [Instruction: Insert the proper address of the Premises] (hereinafter referred to as the “Premises”) to be used and occupied as a strictly private residential dwelling premises by the Sub-Lessor and his family, and not otherwise; and WHEREAS, the Sub-Lessor desires to sublet the Premises hereinafter referred as “Sublease” to the Sub-Lessee, and the Sub-Lessee desires to Sublease the Premises from the Sub-Lessor; NOW, THEREFORE, the Sub-Lessor hereby Subleases and rents unto the Sub-Lessee, and the Sub-Lessee hereby Subleases and rents from the Sub-Lessor, the said Premises and all rights of the Sub-Lessor to the Premises covered by the Master Lease for a term of ___________ (___) months [Instruction: Insert the length of the lease term, e.g., eighteen (18)] [Comment: these numbers are not provided by the law, but can be any number the user chooses, but should not be any longer than the period of time allowed in the Master Lease] and both the Parties agree to keep, perform, and fulfill the promises, conditions, and agreements expressed below: 1. RENT PAYMENTS: The rent is ________ ($___) [Instruction: Insert the amount of rent, e.g., five hundred dollars (◊ $500)] per month, payable in advance on the ____________ [Instruction: Insert the date of payment, e.g., first (1st) day] day of each month. The rent is payable to the Sub-Lessor to his address mentioned above or any designated place as instructed by the Sub-Lessor. 2. UTILITIES: All charges for utilities connected with the Premises, which would otherwise be paid by the Sub-Lessor under the Master Lease, shall be paid by the Sub-Lessee for the term of this Sublease. 3. PROPERTY CONDITION: The Sub-Lessee agrees to surrender and deliver to the Sub- Lessor the Premises and all furniture and decorations within the Premises in as good a © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 condition as they were at the beginning of the term, reasonable wear and tear excepted. The Sub-Lessee will be liable to the Sub-Lessor for any damages occurring to the Premises or the contents thereof or to the building that are done by the Sub-Lessee or its guests. 4. DEPOSIT: The Sub-Lessee agrees to pay the Sub-Lessor a deposit of ________ ($___) [Instruction: Insert the deposit amount, e.g., five thousand dollars (◊ $5,000)] [Note, some states or locations might cap the amount that may be deposited] to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. The Sub-Lessor agrees that if the Premises and contents thereof are returned to him/her in the same condition as when received by the Sub-Lessee, reasonable wear and tear thereof excepted, and if there is no unpaid rent or unpaid utility bills owed by the Sub-Lessee, he/she will refund to the Sub- Lessee the deposit amount in full at the end of the term, or within ___________ (___) days [Instruction: Insert the amount of time, e.g., thirty (◊ 30)][Note, local law might provide a deadline by which deposits are to be refunded] thereafter. Any reason for retaining a portion of the deposit shall be explained in writing to the Sub-Lessee. 5. INVENTORY FORM: At the time of the taking possession of the Premises by the Sub- Lessee, the Sub-Lessor may provide the Sub-Lessee with an inventory form within ___________ (___) days [Instruction: Insert the amount of time, e.g., seven (7)] [Comment: these numbers are not provided by the law, but can be any number the user chooses] of taking possession. 6. ORIGINAL LEASE: The Sublease Agreement incorporates and is subject to the Master Lease between the Sub-Lessor and his Landlord, a copy of which is attached hereto as Exhibit-A, and which is hereby referred to and incorporated as if it were set out here at length. The Sub-Lessee agrees to assume all of the obligations and responsibilities of the Sub-Lessor under the Master Lease for the duration of the Sublease agreement. 7. OTHER TERMS AND CONDITIONS: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ [Instruction: Insert any other required terms in the blank space above otherwise delete this clause.] 8. 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 Agreement are not legally valid, and therefore, are not binding upon either Party). 9. GOVERNING LAW: This Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of Hawaii. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 10. CONSTRUCTION: The words "Sub-Lessor" and "Sub-Lessee" as used herein include the plural as well as the singular. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 11. PARENTAL/GUARDIAN GUARANTEE: If the Sub-Lessee 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. 12. ACKNOWLEDGEMENT OF COPY RECEIVED: Each Party signing this Agreement acknowledges receipt of a copy thereof. 13. LANDLORD APPROVAL: This Agreement is not binding upon either Party unless approved by the Landlord as provided below, provided such approval is required by the Master Lease. IN WITNESS WHEREOF the Parties hereby bind themselves to this agreement by their signatures affixed below on this ____ [Month] ____ [Date], 20____ [Year]. _________________________________________ Sub-Lessor [Instruction: Insert the signature of Sub-Lessor] ______________________________________________ Name [Instruction: Insert typed/printed name of Sub-Lessor] _________________________________________ Sub-Lessee [Instruction: Insert the signature of Sub-Lessee] ______________________________________________ Name [Instruction: Insert typed/printed name of Sub-Lessee] [Comment: Include above parent or guardian signature, if Sub-Lessee is under 18 years of age and this age will depend on State laws] I hereby give my consent as landlord to subletting of the above described Premises as set out in this Agreement on this ____ [Month] ____ [Date], 20____. _______________________________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 Landlord [Instruction: Insert the signature of Landlord] _____________________________________________ Name [Instruction: Insert typed/printed name of Landlord] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 Exhibit A Copy of Master Lease Attached © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6
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