Commercial Sublease Agreement Template
This Commercial Sublease Agreement (hereinafter referred to as the "Sublease") is entered into on (the "Effective Date") by and between
, an individual having their usual place of living at (hereinafter referred to as the "Tenant"), and
, an individual having their usual place of living at (hereinafter referred to as the "Subtenant"), collectively referred to as the "Parties" and individually as a "Party".
WHEREAS the Tenant has previously entered into the with , an individual registered at (the "Landlord"), dated (the "Prime Lease") and desires to sublet the leased property to the Subtenant;
WHEREAS the Subtenant desires to sublease the property upon the terms and conditions outlined in this Agreement;
NOW, THEREFORE, in consideration of the obligations contained herein and other valuable considerations, the Parties have agreed as follows:
SUBJECT OF THE SUBLEASEThe Subtenant leases the following premises from the Tenant: located at (the "Premises"), as described in details in the Prime Lease.
The Premises are furnished. A detailed list of furnishings is provided in Annex B.
The Premises are equipped with the following: (the "Equipment"). The Subtenant undertakes to use the Equipment carefully and is responsible for any damage beyond normal wear and tear. Upon the expiration or termination of the Sublease, the Subtenant is obliged to return the Equipment in the same condition as when received, except for normal wear and tear.
The Premises should be used only for the following commercial purpose: .
INCORPORATION OF THE PRIME LEASEThis Sublease is subject to all the terms of the Prime Lease unless otherwise agreed upon by the Parties. All of the obligations of the Tenant under the Prime Lease shall be binding upon the Subtenant. The Parties intend that, unless specified differently in this Sublease, the relationship between the Tenant and the Subtenant shall be governed by the provisions and covenants of the Prime Lease as if those sections were fully included in this Sublease. The terms "Landlord", "Tenant", and "Lease" in the Prime Lease shall respectively refer to the Tenant, Subtenant, and Sublease. The Tenant agrees to assist the Subtenant and make every effort to carry out any actions required by the Landlord, ensuring that these actions are conducted in a commercially reasonable manner.
A copy of the Prime Lease is attached to Annex A.
LANDLORD'S CONSENT TO SUBLEASEIf the Prime Lease requires the Landlord's prior written consent for subletting the Premises and such consent is not obtained, this Sublease shall be considered null and void. The Landlord's consent for subletting the Premises is attached to Annex C.
SUBLEASE TERMThe first day of the Sublease should be (the "Start Date"), and the last day of the Sublease should be (the "End Date").
The sublease term is a time frame from the Start Date to the End Date or the termination date.
Under no circumstances can the Sublease Term exceed the Term of the Lease specified in the Prime Lease.
SUBLEASE FEE AND PAYMENT PROCEDUREThe sublease fee is per month (the "Sublease Fee"). The payments should be made on the last day of each month (the "Due Date").
All payments will be made on or before the Due Date by cash.
The Subtenant shall make the advance payment in the amount of within days following the Effective Date.
In addition to the Sublease Fee, the Subtenant shall be responsible for any damage or loss to the Premises caused by the Subtenant or the Subtenant's visitors. The Subtenant shall also cover any fines or penalties imposed by any governmental authority for any violation of the law occurring at the Premises. Any fees or charges incurred by the Tenant due to the Subtenant's breach of this Sublease shall be the Subtenant's responsibility and immediately be paid upon the Tenant's request.
If the Sublease Fee is delayed for more than days, the Subtenant shall pay the Tenant a late fee equal to per day.
The Subtenant shall pay to ensure the successful performance of this Sublease (the "Security Deposit"). The Security Deposit should be paid within days after the Effective Date, but in any case, before the commencement of the use of the Premises, using the payment method specified above.
The Security Deposit shall be returned to the Subtenant within days after the end of the Sublease Term or the termination date. Deductions may be made for unpaid rent, damage beyond normal wear and tear, or any other amounts owed to the Tenant under this Sublease. Any deductions shall be documented and communicated to the Subtenant together with the return of the Security Deposit. The Security Deposit may not be used to cover the final period of the Sublease Fee without written permission from the Tenant.
The Subtenant shall pay for the following utility bills:
These payments are included in the Sublease Fee.
TERM AND TERMINATIONThis Sublease shall commence on the Effective Date and continue until the End Date unless terminated earlier under the terms of this Sublease.
The date of termination of this Sublease is the termination date.
Either Party has the right to terminate this Sublease without reason upon days prior written notice. Either Party has the right to immediately terminate this Sublease if the other Party does not adhere to the terms of this Sublease. In addition, either Party may terminate this Sublease immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.
If the Tenant fails to provide the Subtenant with full possession of the Premises on the Start Date, the Subtenant has the right to terminate this Sublease immediately upon written notice to the Tenant. In this case, the Tenant must refund the Subtenant all the payments made under this Sublease, including any advance payment or security deposit, and pay the Subtenant a penalty equal to . Such payments should be made within days following the termination date using the payment method specified above.
Upon termination of this Sublease, the Subtenant shall pay the Tenant for all days of actual use of the Premises.
The Tenant agrees to obtain insurance for the Premises. The Subtenant acknowledges that Tenant's insurance policy does not cover any personal property belonging to the Subtenant. The Tenant shall not be liable for any loss or damage to Subtenant's personal property.
The Subtenant shall have full possession of the Premises during the Sublease Term specified in this Sublease, subject to the terms and conditions set forth herein.
If the Tenant fails to grant the Subtenant full possession of the Premises on the Start Date, the Sublease Term shall be adjusted to account for the duration the Subtenant is unable to occupy the Premises.
On the End Date, the Subtenant shall remove personal property and return the Premises in good condition, except for normal wear and tear.
If the Subtenant does not vacate the Premises on the End Date, the Subtenant should pay for each day the Subtenant retains possession after the End Date. The payment for factual possession shall be calculated at a rate equivalent to per day.
The Subtenant shall be responsible for any additional costs the Tenant incurs due to the non-return of the Premises, including but not limited to direct and indirect damages.
The Subtenant acknowledges, represents, and warrants that the Subtenant has inspected the Premises and is fully satisfied with their current condition.
NOTICEAny notice, request, demand, or other communication required under this Sublease shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address specified in the opening paragraph or such other address as one Party may have furnished to the other Party in writing or to emails outlined in this Sublease.
Either Party may change its registered mail or email address for receipt of notices by giving written notice to the other Party.
WARRANTYThe Tenant represents and warrants that the Tenant has the lawful right and authority to enter into this Sublease and sublet the Premises. If the Prime Lease requires obtaining prior written consent from the Landlord for subleasing the Premises, the Tenant represents and warrants that such permission has been received.
The Subtenant warrants maintaining the Premises in a clean, safe, and sanitary condition, except for normal wear and tear. The Subtenant shall promptly notify the Tenant about any necessary repairs or maintenance issues. The Tenant shall have the right to remedy the reported issues or grant written permission to the Subtenant to handle minor repairs and routine replacements. In such a case, the Tenant shall reimburse the Subtenant for the costs incurred during the repairs.
The Subtenant is required to maintain, repair, and change the exterior and interior structural components of the Premises, perform major repairs, and change all major building systems, such as heating, ventilation, air conditioning, electricity, water, and gas.
The Subtenant shall not be liable for the damages if the Premises are accidentally destroyed or rendered uninhabitable due to fire, flood, natural disaster, or any other unforeseen circumstances beyond the Parties' control (the "Accidental Destruction"), provided that such Accidental Destruction is not the result of the Subtenant's negligence or willful misconduct.
Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Sublease if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, governmental regulations, or any other similar cause beyond the reasonable control of the affected Party.
In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.
If the force majeure circumstances last more than days, either Party may terminate this Sublease by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Sublease.
This Sublease represents the entire agreement between the Parties and supersedes any prior oral or written agreements.
GOVERNING LAW AND DISPUTE RESOLUTIONThis Sublease shall be governed by and interpreted under the laws of the State of , and any disputes arising out of or in connection with this Sublease shall be exclusively resolved by the courts of the State of .
The Parties agree to keep all disclosed information confidential and not to share such information with any third party unless required by law. In order to fulfill the Parties' obligations under this Sublease, the Parties agree not to use the confidential information for any purpose unrelated to this Sublease. This confidentiality clause shall remain in effect after the termination or expiration of this Sublease.
The failure of any Party to enforce a particular provision of this Sublease shall not constitute a waiver of their right to enforce that provision in the future.
SEVERABILITYIf any provision of this Sublease is found invalid or unenforceable, the remaining provisions shall still be valid and enforceable.
AMENDMENTSThis Sublease may be amended or modified only by a written agreement signed by both Parties.
BINDING EFFECTThis Sublease shall be binding upon the Parties and their respective successors and assigns.
IN WITNESS WHEREOF, the Parties have signed this Sublease.
to the Commercial Sublease Agreement dated
The dated made by and between , an individual having their usual place of living at , and
, an individual having their usual place of living at , is an integral part of the Commercial Sublease Agreement dated .
to the Commercial Sublease Agreement dated
The Premises are furnished with the following:
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THE SUBTENANT __________________________________ (Place for signature) |
THE TENANT __________________________________ (Place for signature) |
to the Commercial Sublease Agreement dated
, an individual having their usual place of living at (the "Landlord"), has previously entered into the dated with , an individual having their usual place of living at , and herein represents and warrants that the Landlord does not mind subleasing the Premises to the Subtenant according to the terms and conditions of the Sublease.
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THE LANDLORD ____________________ (Place for signature) |
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