The Subletting Tenancy Agreement is essential when a tenant wishes to temporarily transfer their leasing rights to another party while maintaining the original lease agreement. This document is commonly used in situations where the original tenant needs to relocate temporarily but intends to return, or when seeking to mitigate rental costs while bound by an existing lease. The agreement must comply with provincial tenancy laws in Canada and typically requires the original landlord's consent. It includes crucial details such as the sublease term, rent amount, security deposit, maintenance responsibilities, and the relationship between all parties. This document ensures that the subtenant is bound by both the terms of the original lease and any additional conditions specific to the subletting arrangement, while protecting the rights and obligations of all parties involved.
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1. Parties: Identifies all parties involved: original landlord, original tenant (sublandlord), and subtenant, including full legal names and contact information
2. Background: Explains the context of the sublease, including reference to the master lease and the original landlord's consent
3. Definitions: Defines key terms used throughout the agreement, including 'Premises', 'Master Lease', 'Term', 'Rent', etc.
4. Grant of Sublease: Formal statement of the sublandlord granting the sublease to the subtenant
5. Term of Sublease: Specifies the duration of the sublease, including start and end dates
6. Rent and Security Deposit: Details the rent amount, payment schedule, security deposit, and payment methods
7. Utilities and Services: Specifies responsibility for utilities, services, and related payments
8. Use of Premises: Describes permitted use of the property and any restrictions
9. Maintenance and Repairs: Outlines responsibilities for property maintenance and repairs
10. Insurance and Liability: Specifies insurance requirements and liability allocation
11. Master Lease Obligations: Confirms subtenant's obligation to comply with master lease terms
12. Access and Inspection: Details rights of access for sublandlord and original landlord
13. Default and Remedies: Describes events of default and available remedies
14. Termination: Specifies conditions and procedures for lease termination
15. Governing Law: Identifies applicable provincial law and jurisdiction
1. Smoking Policy: Required if specific smoking restrictions apply beyond local laws
2. Pet Policy: Include if pets are allowed or specifically prohibited
3. Parking: Required if parking spaces are included in the sublease
4. Common Areas: Include if there are shared facilities or spaces
5. Subletting and Assignment: Include if further subletting is to be addressed
6. Furniture and Appliances: Required if furnished property or appliances are included
7. Modifications to Premises: Include if allowing or restricting property modifications
8. Notice Requirements: Include if specific notice requirements differ from statutory requirements
9. Green Lease Provisions: Include if environmental or sustainability requirements apply
1. Schedule A - Original Lease Agreement: Copy of the master lease agreement
2. Schedule B - Landlord's Written Consent: Documentation of original landlord's consent to sublease
3. Schedule C - Property Condition Report: Detailed report of property condition at start of sublease
4. Schedule D - Inventory List: List of furnished items if applicable
5. Schedule E - Building Rules and Regulations: Copy of any applicable building rules
6. Schedule F - Floor Plan: Diagram of the subleased premises
7. Schedule G - Utility Agreements: Details of utility transfer or sharing arrangements
8. Schedule H - Insurance Requirements: Specific insurance requirements and certificates
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