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This Surrender of SubLease (“Agreementâ€) dated ______________, by and between _______________("Tenant") and _____________ ("SubTenant").
Whereas by a lease ("Lease") dated ________, and premises described in the attached Exhibit 1 ("Leased Premises") for a term __________ years upon and subject to the terms and conditions contained in the Lease; and,
Subject to the provisions hereinafter contained, the rents reserved and contained in the Lease have been completely paid, and the parties have agreed that the SubTenant has surrendered the Leased Premises and the Lease to the Tenant as of ___________, ("Termination Date") in order that the estate, term and interest of the SubTenant therein may merge and be extinguished upon the terms hereinafter contained.
Therefore in consideration of the premises and the terms and conditions hereinafter set forth, other good and valuable consideration and the sum of one dollar now paid by each party to the other (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows:
1. The parties acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact.
2. SubTenant surrenders to Tenant, as of Termination Date, Leased Premises and Lease and all rights hereunder to the intent that the unexpired residue of the term of Lease and any renewals shall be merged and extinguished in the reversion, and SubTenant hereby releases in favor of Tenant, as of Termination Date, all of its right, title and interest in and to Leased Premises and Lease.
3. From and after Termination Date (but, for greater certainty, not before such date), each party releases, remises and forever discharges the other from the performance of all covenants contained in Lease and the obligation for all claims hereunder thereafter arising and the parties agree that as and from such date (but, for greater certainty, not before such date), Lease shall be of no further force and effect and the parties shall be relieved of all further liability and obligation under Lease.
4. Each party represents and warrants with the other that it has the good right, full power and authority to assign and surrender Leased Premises and Lease in the manner aforesaid, and that, as of Termination Date, none of the parties shall have executed any other instruments, deeds, or other documents pursuant to which Lease and the unexpired residue of the term thereof, shall in any way be charged, encumbered, assigned, or otherwise transferred.
5. Each party agrees with the other that it will, at all times hereafter, upon the reasonable request of any of the other parties, execute all such further documents in respect of the surrender of Leased Premises and the lease as may be required to give effect to this Agreement.
6. This Agreement shall inure to the benefit and be binding upon the parties hereto, their respective successors and assigns.
In witness whereof, the parties hereto have duly executed this Agreement as of the date first above written.
________________ _________________
Tenant SubTenant
________________
Witness
Enc. Exhibit 1: Description of Leased Premises
Exhibit 1: Description of Leased Premises
Surrender of SubLease and Premises by SubTenantReview List
This review list is provided to inform you about this document in question and assist you in its preparation. This document finalizes an old Tenant/SubTenant/Lease situation and extinguishes the liabilities between the parties. It is not always done but is a helpful form of legal well care.
1. Keep signed copies with the original Lease it relates to. This is normally your last legal dealing with the Lease in question so you can put these final papers in permanent storage, as a rule, after this document is completed and signed off on by both parties. If you are the Tenant, this document may have some value for a New SubTenant in this space. Otherwise, it is rarely used in an active capacity after signature.
What else can I help you with?
What rights do you have if you sublease a house?
If you sublease a house you have the same rights as the original tenant. You have a right to a habitable house m and timely repairs.
Sublease Agreement?
Get StartedA real estate Sublease is a document that specifies the rights and obligations of an existing Tenant and another person ("Subtenant") who desires to sublet certain property. The underlying lease between the Tenant and the Landlord is referred to as the "Prime Lease." The original Landlord will continue to be referred to as the "Landlord" in the sublease. After signing the sublease and obtaining any necessary Landlord consent, the Subtenant is entitled to possession of the property for the duration of the sublease, which is often the full remaining term of the Prime Lease. The Subtenant "steps into the shoes of" the Tenant.This program provides a simple sublease that should be used only when the Subtenant agrees to be bound by nearly all of the original terms of the Prime Lease. A copy of the Prime Lease must be attached to the sublease. Some flexibility is allowed with regard to the sublease payments and/or the term of the sublease. However if the parties expect to modify other provisions from the Prime Lease, this document should not be used. In that event, you should consult an attorney who can prepare a more flexible document.A WRITTEN sublease should be used whenever property is sublet, in order to reduce misunderstandings between the Tenant, the Subtenant and the Landlord.
What is the correct word to use when you want to rerent an apartment that you are leaving before your lease is up?
To lease the remaining term of your lease agreement is known as a sublease. You would remain on the "hook" for the balance of the term with your existing lease while the sublease tenant would then be obligated to you. You may want to find a replacement tenant and see if the landlord would cancel your lease and then execute a lease directly with the tenant you identified. This would relieve you of any potential liability. Just remember that the landlord is not obligated to do so nor are they obligated to allow your sublease. Check with an attorney to clarify your rights under the existing lease agreement.
How do you write a tenant notice to vacate the premises?
Click on the links to the right for examples.
What happens when a landlord asks a tenant to vacate?
If there is no lease involved, and there are no violations of the terms of the lease or agreement, the landlord has to give at least 30 days of notice before the next rent is due, for the tenant to vacate the premises. If there is a lease involved and there are no violations of the terms of the lease, the landlord must wait until the end of the lease term in order to ask tenant to vacate the premises. If the tenant does not vacate the premises after proper notice is given that the landlord must initiate eviction proceedings to force the tenant out
Does assignment of principal lease terminate sublease?
The assignment of a principal lease does not automatically terminate a sublease. Generally, the sublease remains in effect unless the lease agreement explicitly states otherwise or the landlord exercises their right to terminate the sublease due to the assignment. However, the new tenant who assumes the principal lease typically takes on the responsibilities of the original landlord, which may include honoring existing subleases. It's essential to review the lease terms and local laws for specific provisions regarding assignments and subleases.
If a property is given on rent can the tenant rent a part of it to some one else?
(NYS) You must get written permission from the landlord in order to sublease. You don't need permission to have a roomate.
Is it a lease if the new landlord has no knowledge of the existing tenant?
A Lease is between the owners of a property and the tenant. Some leases allow for a sub lease which is an agreement between the tenant and another person that wishes to temporarily use the same place. Most leases do not allow subleasing. Some cases, as with section housing, it is illegal to sublease.
How do you spell sublease?
That is the correct spelling of "sublease" (lease used to sublet a property).
What is the difference between an assignment and a sublease in a rental agreement?
In a rental agreement, an assignment involves transferring the lease to another person entirely, who then takes over all rights and responsibilities. A sublease, on the other hand, involves renting out the property to someone else for a specific period of time, while the original tenant remains responsible for the lease.
Is an eviction process required to evict a non - tenant of a tenant when neither party has a rental agreement in California Both have been in the property for about 1 month?
I'm no lawyer but... A non-tenant is likely considered a guest of the tenant. If they are not welcome, they are a trespasser. The landlord should let the tenant have peaceful enjoyment of the premises. The tenant should be able to call the police and have the non-tenant removed.
How do you get rid of your tenant after giving him proper notification?
If you have followed the laws of your jurisdiction in evicting the tenant, and they refuse to vacate the premises, then you must go to court to get a court order and have the Sheriff evict them forcibly.
