Massachusetts tenants, sublease the property you are renting with this Sublease Agreement for residential rental units.
- The sublease requires the consent of the landlord.
- The subtenant must pay the rent, the utilities and a damage deposit.
- The subtenant must keep the premises in clean and good condition.
- The subtenant cannot assign the sublease without the consent of both the landlord and the original tenant.
- The sublease includes a Premises Inspection Report and Inventory Checklist.
- The file also includes a Co-Signer Agreement, to be used in the event that the subtenant is a minor (such as a student). This agreement would be signed by a parent or guardian, who guarantees to pay any amounts due if the tenant fails to pay.
The Massachusetts Residential Sublease Agreement is provided in MS Word format, and can be easily edited to fit your circumstances.
SUBLEASE AGREEMENT THIS SUBLEASE made effective as of the _____ day of ______________, _______. BETWEEN: [NAME OF ORIGINAL TENANT] (“Tenant”) - and - [NAME OF NEW SUBTENANT] (“Subtenant”) - and - [NAME OF LANDLORD] (“Landlord”) RECITALS: WHEREAS Tenant is the tenant under a lease agreement dated the _____ day of ______________, _______ (the “Head Lease”), between Tenant and Landlord, under which Tenant agreed to lease the rental unit located at ____________________________ [insert address of premises], _____________ [city/town], Massachusetts, and all furniture, fixtures and fittings within the rental unit (collectively, the “Premises”); AND WHEREAS the Head Lease is for a term of _____ years and expires on __________ [insert date]; AND WHEREAS Subtenant desires to sublet the Premises from Tenant, and Tenant has obtained Landlord’s written consent to sublet the Premises to Subtenant, as required by the Head Lease; NOW THEREFORE THIS SUBLEASE WITNESSES that in consideration of the mutual covenants and agreements contained in this Sublease, Tenant agrees to sublet, and Subtenant agrees to take the Premises, on the terms and conditions contained herein and in accordance with the provisions of the Head Lease. 1. TERM. The term of this Sublease is for a period of _______ [months/years], beginning on __________ [insert date] and expiring on __________ [insert date]. 2. TERMINATION. The sublease will automatically terminate on the expiry date set out in paragraph 1. There shall be no holding over in the Premises after termination under any circumstances, without the written consent of both Tenant and Landlord. 3. RENT. The monthly rent hereunder is $________, payable in advance on the _______ day of the month. The rent is payable to ________________________ [indicate whether rent is to be paid to Tenant, Landlord, or to an agent] at ______________________________________________________________ [set out the address to which rent payments are to be sent]. 4. UTILITIES. All charges for utilities connected with the Premises which are to be paid by Tenant under the Head Lease shall be paid by Subtenant throughout the term of this Sublease. -2- 5. CONDITION OF PREMISES. Subtenant has inspected the Premises and agrees that they are in good, satisfactory and tenantable condition. Subtenant agrees to surrender and deliver to Tenant the Premises in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted. Subtenant will be liable to Tenant for any damages occurring to the Premises or to the building which are caused by any action or inaction of Subtenant or Subtenant’s family, guests or invitees. 6. SECURITY DEPOSIT. Subtenant agrees to pay Tenant a security deposit of $______________ to cover damages beyond normal wear and tear, unpaid rent, and unpaid utilities. The security deposit will be returned to Subtenant within thirty (30) days of the termination of this Sublease, provided that the Premises are returned in good condition, reasonable wear and tear excepted, and that there is no unpaid rent or unpaid utility bills owing by Subtenant. If any deductions are made from the security deposit for damages or unpaid rent or utility bills, Tenant will provide Subtenant with a statement explaining all such deductions. 7. PREMISES INSPECTION REPORT & INVENTORY LIST. At the time Subtenant takes possession of the Premises, Tenant (or Tenant’s agent) and Subtenant shall inspect the Premises and complete the attached Premises Inspection Report & Inventory List. 8. ORIGINAL HEAD LEASE. This Sublease incorporates and is subject to the Head Lease between Tenant and Landlord, a copy of which is attached hereto, and which is incorporated herein by reference as if it were set out here at length. Subtenant agrees to assume all of the obligations and responsibilities of Tenant under the Head Lease for the duration of the term of this Sublease. 9. ENTIRE AGREEMENT. The parties hereby agree that this Agreement (including all schedules and attachments hereto, which are incorporated herein and form a part hereof) contains the entire agreement between the parties and this Sublease 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. 10. GOVERNING LAW. This Sublease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within such State. 11. INTERPRETATION. The words “Tenant” and “Subtenant” 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. 12. GUARANTEE OF PARENT OR GUARDIAN. If Subtenant is under 18 years of age, then his/her parent or legal guardian must sign the attached Co-Signer Agreement, and guarantee and agree to perform all of Subtenant’s obligations and covenants under this Sublease and the Head Lease. 13. LANDLORD APPROVAL. This Sublease is not binding upon either party unless approved by Landlord as provided below. 14. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be delivered by hand to the party for which it is intended, or sent by regular post, or transmitted by facsimile, telegram, electronic email or other form of transmitted or electronic message, or sent by prepaid courier directly to such party at the following addresses, respectively: TO TENANT: [address] [facsimile number] -3- TO SUBTENANT: at the Premises address TO LANDLORD: [address] [facsimile number] or at such other address as any party may from time to time designate in writing to the other parties. Any notice del
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