SUBLEASE AGREEMENT
State of Alabama
BACKGROUND:
A. This Sublease Agreement (the "Sublease") is made effective as of the date set forth at the end of this document, by and between the following original tenant (the "Tenant"):
________
________
and the following subtenant (the "Subtenant"):
________
________
B. Tenant previously entered into a Lease agreement (the "Master Lease") with ________ (the "Landlord"), dated ________, a copy of which is attached to this Sublease Agreement as an exhibit.
C. The Tenant wishes to now sublet the leased property to the Subtenant and the Subtenant wishes to sublet the leased property from the Tenant.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
I. PREMISES.
1. Tenant, in consideration of the sublease payments described in this Agreement, sublets to Subtenant a property which is described as follows:
________
The premises is located at the following address:
________
II. TERM AND POSSESSION.
2. The term of this Sublease will begin on ________ at 12:01 A.M. and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Master Lease.
3. Subtenant's tenancy will terminate on ________ at 11:59 P.M., unless Landlord and Subtenant agree to sign another written agreement prior to the end of the tenancy providing for an additional tenancy term.
4. Subtenant is not responsible for finding a replacement upon the termination of his or her tenancy.
5. Subtenant shall be entitled to possession on the first day of the term of this Sublease, and shall yield possession on the last day of the term of this Sublease, unless otherwise agreed by both parties in writing.
III. SUBLEASE PAYMENTS.
6. Subtenant shall pay to Tenant sublease payments of $________ (________) each month.
7. The rent shall be payable in advance on the 1st (first) of each month. No holidays, special events, or weekends shall excuse Subtenant's obligation to pay timely Rent.
8. Subtenant may be required to pay prorated rent from the beginning of this Sublease to the first full payment period. If Subtenant must pay prorated rent, Subtenant shall pay any prorated amount due at the execution of this Sublease.
Sublease payments shall be made to Tenant in the following manner:
________
This address may be changed from time to time. Subtenant will be informed in writing prior to the due date of that period's Sublease payment if the payment location has changed.
IV. SECURITY DEPOSIT.
9. At the time of the signing of this Sublease, Subtenant shall pay to Landlord, in trust, a security deposit of $________ (________ dollars) to be held and disbursed for Subtenant damages to the Premises or other defaults under this Sublease (if any) as provided by law.
10. The security deposit shall not be in excess of one month's Rent.
11. Subtenant hereby agrees to be liable to Landlord at the expiration or termination of this Lease for all damages to the Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Subtenant and Subtenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Subtenant to receive certain interest funds, if applicable. Subtenant shall still not be permitted to use the security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Subtenant's security deposit shall be transferred to the new owner or assignee and Landlord shall be released from liability to Subtenant for return of the security deposit. Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not intended to be exhaustive): unpaid rent or utilities, late fees, cleaning, key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Subtenant. Landlord has 60 (sixty) days after the termination of the Lease in order to return Subtenant's security deposit or 60 (sixty) days in which to send an itemized list of deductions for which Landlord will be taking funds.
12. If Landlord requires deductions which exceed the security deposit, Subtenant agrees to pay Landlord any overage amount within ten days after receiving a written demand from Landlord. Landlord will first apply the security deposit to any non-rent obligations, such as damages, utilities, or late fees, and will then apply the security deposit to any unpaid rent.
V. NOTICES.
13. Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party:
TENANT:
________
SUBTENANT:
________
LANDLORD:
________
14. Such address may be changed at will by any party. A party changing their address will provide written notice to the other interested parties as described above.
VI. GOVERNING LAW.
This Sublease shall be construed in accordance with the laws of Alabama.
VII. DISPUTE RESOLUTION.
If a disagreement arises during the Sublease period, the following actions shall take place:
-- If there is a dispute between any of the interested Parties and the Parties are unable to come to an agreement through friendly negotiations amongst the Parties, all involved Parties agree to attempt to come to an agreement through the use of an agreed upon mediator.
-- It is agreed that the costs involved in hiring the mediator shall be shared equally and that each party shall cooperate in a good faith attempt to come to a resolution.
-- Both parties agree that they shall allow the mediator 30 (thirty) days from the first meeting to reach a compromise before going to court.
-- If the parties are unable to come to an agreement with the assistance of the mediator in 30 (thirty) days, they each reserve the right to bring legal action in a court of law or before an arbitrator.
-- The decision of a court or arbitrator shall be legally binding upon all parties involved.
VIII. LANDLORD'S CONSENT.
The Master Lease requires the prior written consent of the Landlord to any subletting of the Premises. Such consent has been obtained and a copy is attached as an exhibit.
IX. LEAD-BASED PAINT.
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
X. SEVERABILITY.
15. If there is a conflict between any provision of this Sublease and the State of Alabama (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.
16. If there is a conflict between any provision of this Sublease and any form of Sublease prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease 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.
17. In the event that any of the provisions of this Sublease 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 thought the invalid or unenforceable parts had not been included in this Sublease and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
XI. 5582555582.
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XII. 5888828885588 82 285558 25855.
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XIII. RELEASE OF TENANT.
Tenant is hereby released by Subtenant and Landlord from any and all further obligations, which may now or later arise under the Prime Lease or this Sublease. This Sublease shall be construed and effected as a full and complete assignment, without recourse, of Tenant's interests, burdens, and benefits arising out of the Master Lease, and an acceptance of those interests, burdens, and benefits by Subtenant.
SIGNATURES
TENANT:
Sign: ________________________________ Date:________________________
Print:________________________________
SUBTENANT:
Sign: ________________________________ Date:________________________
Print:________________________________
LANDLORD:
Sign: ________________________________ Date:________________________
Print:________________________________
SUBLEASE AGREEMENT
State of Alabama
BACKGROUND:
A. This Sublease Agreement (the "Sublease") is made effective as of the date set forth at the end of this document, by and between the following original tenant (the "Tenant"):
________
________
and the following subtenant (the "Subtenant"):
________
________
B. Tenant previously entered into a Lease agreement (the "Master Lease") with ________ (the "Landlord"), dated ________, a copy of which is attached to this Sublease Agreement as an exhibit.
C. The Tenant wishes to now sublet the leased property to the Subtenant and the Subtenant wishes to sublet the leased property from the Tenant.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
I. PREMISES.
1. Tenant, in consideration of the sublease payments described in this Agreement, sublets to Subtenant a property which is described as follows:
________
The premises is located at the following address:
________
II. TERM AND POSSESSION.
2. The term of this Sublease will begin on ________ at 12:01 A.M. and unless terminated sooner pursuant to the terms of this Sublease, it will continue for the remainder of the term provided in the Master Lease.
3. Subtenant's tenancy will terminate on ________ at 11:59 P.M., unless Landlord and Subtenant agree to sign another written agreement prior to the end of the tenancy providing for an additional tenancy term.
4. Subtenant is not responsible for finding a replacement upon the termination of his or her tenancy.
5. Subtenant shall be entitled to possession on the first day of the term of this Sublease, and shall yield possession on the last day of the term of this Sublease, unless otherwise agreed by both parties in writing.
III. SUBLEASE PAYMENTS.
6. Subtenant shall pay to Tenant sublease payments of $________ (________) each month.
7. The rent shall be payable in advance on the 1st (first) of each month. No holidays, special events, or weekends shall excuse Subtenant's obligation to pay timely Rent.
8. Subtenant may be required to pay prorated rent from the beginning of this Sublease to the first full payment period. If Subtenant must pay prorated rent, Subtenant shall pay any prorated amount due at the execution of this Sublease.
Sublease payments shall be made to Tenant in the following manner:
________
This address may be changed from time to time. Subtenant will be informed in writing prior to the due date of that period's Sublease payment if the payment location has changed.
IV. SECURITY DEPOSIT.
9. At the time of the signing of this Sublease, Subtenant shall pay to Landlord, in trust, a security deposit of $________ (________ dollars) to be held and disbursed for Subtenant damages to the Premises or other defaults under this Sublease (if any) as provided by law.
10. The security deposit shall not be in excess of one month's Rent.
11. Subtenant hereby agrees to be liable to Landlord at the expiration or termination of this Lease for all damages to the Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing account. In such case, no interest is due to Subtenant and Subtenant may not use the security deposit to cover Rent. Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Subtenant to receive certain interest funds, if applicable. Subtenant shall still not be permitted to use the security deposit to cover any Rent. In case of sale or assignation of the Lease by Landlord, Subtenant's security deposit shall be transferred to the new owner or assignee and Landlord shall be released from liability to Subtenant for return of the security deposit. Deductions from the security deposit may be made for the following reasons (this list constitutes examples only and is not intended to be exhaustive): unpaid rent or utilities, late fees, cleaning, key replacement, removing abandoned property, and/or attorneys' fees for proceedings against Subtenant. Landlord has 60 (sixty) days after the termination of the Lease in order to return Subtenant's security deposit or 60 (sixty) days in which to send an itemized list of deductions for which Landlord will be taking funds.
12. If Landlord requires deductions which exceed the security deposit, Subtenant agrees to pay Landlord any overage amount within ten days after receiving a written demand from Landlord. Landlord will first apply the security deposit to any non-rent obligations, such as damages, utilities, or late fees, and will then apply the security deposit to any unpaid rent.
V. NOTICES.
13. Notices under this Sublease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows to every interested party:
TENANT:
________
SUBTENANT:
________
LANDLORD:
________
14. Such address may be changed at will by any party. A party changing their address will provide written notice to the other interested parties as described above.
VI. GOVERNING LAW.
This Sublease shall be construed in accordance with the laws of Alabama.
VII. DISPUTE RESOLUTION.
If a disagreement arises during the Sublease period, the following actions shall take place:
-- If there is a dispute between any of the interested Parties and the Parties are unable to come to an agreement through friendly negotiations amongst the Parties, all involved Parties agree to attempt to come to an agreement through the use of an agreed upon mediator.
-- It is agreed that the costs involved in hiring the mediator shall be shared equally and that each party shall cooperate in a good faith attempt to come to a resolution.
-- Both parties agree that they shall allow the mediator 30 (thirty) days from the first meeting to reach a compromise before going to court.
-- If the parties are unable to come to an agreement with the assistance of the mediator in 30 (thirty) days, they each reserve the right to bring legal action in a court of law or before an arbitrator.
-- The decision of a court or arbitrator shall be legally binding upon all parties involved.
VIII. LANDLORD'S CONSENT.
The Master Lease requires the prior written consent of the Landlord to any subletting of the Premises. Such consent has been obtained and a copy is attached as an exhibit.
IX. LEAD-BASED PAINT.
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
X. SEVERABILITY.
15. If there is a conflict between any provision of this Sublease and the State of Alabama (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.
16. If there is a conflict between any provision of this Sublease and any form of Sublease prescribed by the Act, that prescribed form will prevail and such provisions of the Sublease 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.
17. In the event that any of the provisions of this Sublease 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 thought the invalid or unenforceable parts had not been included in this Sublease and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
XI. 5582555582.
552 558222522 8888 222 588822, 25528225, 25 2552525 858822 252 558825825 25228828 25 522 2552 22 252 558825825 25228828 8825252 252 25825 8582222 8228222 22 252 522522 525 252 25258255.
XII. 5888828885588 82 285558 25855.
5588 55882582 88 8582282 22 588 22 252 22528 22 252 258225 22582 8825 252 8522 22582 525 222282 58 82 2585 252888822 22 252 258225 22582 8252 82885525 82 2588 55882582, 258222 58 225258882 25288525 82 2588 55882582.
XIII. RELEASE OF TENANT.
Tenant is hereby released by Subtenant and Landlord from any and all further obligations, which may now or later arise under the Prime Lease or this Sublease. This Sublease shall be construed and effected as a full and complete assignment, without recourse, of Tenant's interests, burdens, and benefits arising out of the Master Lease, and an acceptance of those interests, burdens, and benefits by Subtenant.
SIGNATURES
TENANT:
Sign: ________________________________ Date:________________________
Print:________________________________
SUBTENANT:
Sign: ________________________________ Date:________________________
Print:________________________________
LANDLORD:
Sign: ________________________________ Date:________________________
Print:________________________________
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