The Standard Form Of Cooperative Apartment Sublease is a specialized legal document designed for use in Canadian cooperative housing arrangements when a tenant-shareholder wishes to temporarily sublease their apartment unit. This document becomes necessary when the original tenant-shareholder needs to sublease their unit while maintaining their shares in the cooperative corporation. The agreement carefully balances the rights and obligations of the sublessor, sublessee, and cooperative corporation, ensuring compliance with both provincial residential tenancy laws and cooperative bylaws. It includes essential provisions for rent payment, maintenance responsibilities, compliance with cooperative rules, and termination conditions. The document is particularly important as cooperative housing has unique ownership structures different from traditional rental or condominium arrangements, requiring specific provisions to protect all parties' interests while maintaining the cooperative community's integrity.
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1. Parties: Identifies the parties to the agreement: the sublessor (tenant-shareholder), sublessee, and acknowledgment of the cooperative corporation
2. Background: Explains the context of the sublease, including reference to the master lease and cooperative ownership structure
3. Definitions: Defines key terms used throughout the agreement
4. Term and Possession: Specifies the duration of the sublease and possession details
5. Rent and Security Deposit: Details the rent amount, payment terms, security deposit requirements, and other financial obligations
6. Use of Premises: Specifies permitted use of the apartment and occupancy restrictions
7. Compliance with Cooperative Documents: Requires sublessee to comply with all cooperative rules, bylaws, and regulations
8. Maintenance and Repairs: Outlines responsibilities for maintenance, repairs, and alterations
9. Utilities and Services: Specifies responsibility for utilities, services, and related charges
10. Insurance Requirements: Details required insurance coverage for both parties
11. Access to Premises: Establishes rights of access for sublessor and cooperative corporation
12. Assignment and Further Subletting: Prohibits or restricts further assignment or subletting
13. Default and Remedies: Describes events of default and available remedies
14. Termination: Outlines conditions and procedures for termination
15. Notices: Specifies how and where notices must be delivered
16. Governing Law: Establishes applicable law and jurisdiction
17. Entire Agreement: Standard integration clause confirming the complete agreement
1. Pet Provisions: Include when pets are allowed, specifying restrictions and requirements
2. Parking: Include when parking space is included in the sublease
3. Storage: Include when storage space is included in the sublease
4. Appliances: Include when specific appliances are included or excluded from the sublease
5. Balcony/Terrace Use: Include when unit has outdoor space
6. Renovations: Include when specific renovation rights or restrictions need to be addressed
7. Smoking Policy: Include when specific smoking restrictions need to be addressed
8. Short-term Rental Prohibition: Include when specific restrictions on platforms like Airbnb need to be addressed
9. Co-Occupant Provisions: Include when other occupants besides the primary sublessee will live in the unit
1. Schedule A - Description of Premises: Detailed description of the apartment, including floor plan and included fixtures
2. Schedule B - Rent Schedule: Detailed breakdown of rent, including any scheduled increases
3. Schedule C - Building Rules and Regulations: Copy of current cooperative building rules and regulations
4. Schedule D - Maintenance Responsibilities Chart: Detailed allocation of maintenance and repair responsibilities
5. Schedule E - Inventory List: List of any furnished items or equipment included in the sublease
6. Schedule F - Move-in/Move-out Procedures: Specific requirements for moving in and out of the building
7. Appendix 1 - Board Approval: Copy of cooperative board approval for the sublease
8. Appendix 2 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
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