Is this a valid agreement that I could use for subleasing? Would it hold up in court?
My roommate moved countries mid-lease and I cant afford rent alone. In New York, subleasing is allowed if the landlord does not respond to your request in 30 days, which has been the case for me. So I have now secured a sublessee and wrote this agreement using a previous sublease contract that I had signed two years ago and chat gpt. Does this sublease contract check out? Should I add/take out anything?
Sublease Agreement
This Sublease Agreement is made and entered (date) between the Sublessor and Sublessee identified below.
Sublessor:
Name:
Address:
City, State, ZIP:
Phone:
Email:
Sublessee:
Name:
Address:
City, State, ZIP:
Phone:
Email:
Premises: The Sublessor hereby agrees to sublease to the Sublessee the premises located at:
Address:
City, State, ZIP:
Term: The term of this sublease shall begin on and shall end on
Rent: The total rent for the Premises shall be $___per month, with all utilities included. Rent shall be due on the first day of each month and shall be paid by the Sublessee to the Sublessor via (Venmo) or (CashApp). Late rent payments may incur [$100 late fee if over 5 days late].
Security Deposit: The Sublessee shall pay a security deposit of $___ to the Sublessor upon signing this Agreement. The security deposit shall be held as security for the performance of the Sublessee's obligations under this Agreement and shall be returned to the Sublessee within 60 days upon the termination of this Agreement on ____, subject to any deductions for damages or unpaid rent. An itemized list of any deductions shall be provided to the Sublessee. If the Sublessee moves out before the termination of this Agreement, (date), the security deposit will not be refunded.
Utilities: All utilities, including but not limited to electricity, water, gas, internet, and trash removal, are included in the monthly rent.
Use of Premises: The Premises shall be used solely for residential purposes and shall be occupied only by the Sublessee and Sublessor.
Condition of Premises: The Sublessee acknowledges that they have inspected the Premises and accepts them in their current condition. The Sublessee agrees to maintain the Premises in good condition and to promptly notify the Sublessor of any needed repairs.
Smoking: Smoking is not permitted inside the apartment.
Maintenance and Repairs: The Sublessee and Sublessor shall share equal responsibility for maintaining the Premises in good condition. Both parties agree to promptly notify each other of any needed repairs and work together to ensure that all necessary maintenance is completed in a timely manner.
Alterations: The Sublessee shall not make any alterations, additions, or improvements to the Premises without the prior written consent of the Sublessor.
Sublessee's Duty to Obey Laws and Regulations: Sublessee must, at Sublessee's expense, promptly comply with all laws, orders, rules, requests, and directions of all governmental authorities, Sublessor's insurers, Board of Fire Underwriters, or similar groups which shall impose any violation, order, or duty upon Sublessor or Sublessee with respect to Sublessee’s use of the Apartment, including but not limited to window guards, lead paint inspections, etc. Sublessee agrees to use the space in accordance with the use permitted under the Certificate of Occupancy (CO) and comply with all laws, rules, and regulations, and for no other use. Notices received by Sublessee from any authority or group must be promptly delivered to Sublessor. Sublessee may not do anything which may increase Sublessor's insurance premiums. If Sublessee does, Sublessee must pay the increase in premium as added rent.
Playground, Pool, Parking, Gym and Recreation Areas: If there is a playground, pool, parking, or recreation area, or any other amenities, Sublessor may give Sublessee permission to use it. Use of these areas is for the exclusive use of Sublessee on Lease that received permission, and Sublessee is not permitted to have others use these areas without written consent from Sublessor. Sublessee will use the area at Sublessee's own risk and must pay all fees Sublessor charges included in the monthly rent. Sublessee's permission may be canceled at any time by Sublessor.
Access/Locks: Sublessee shall not change locks without Sublessor's express written consent. The Sublessee shall not deny the Sublessor reasonable access to inspect and repair. Window gates may not be installed without express written permission from the Sublessor, and in no case shall they be: (a) installed by other than a professional locksmith with liability insurance, and (b) in violation of any law, including but not limited to those prohibiting the use of gates other than those with quick release locks/fasteners.
No Pets: No pets are allowed to be kept, maintained, or harbored anywhere in the Apartment for any period, regardless of ownership status or lack thereof unless permitted by the Sublessor. Violation of this or any other provision of this Lease may subject Sublessee to eviction or any other remedy available to the Sublessor under this Lease, by law, or otherwise.
Termination: This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party. Upon termination, the Sublessee shall vacate the Premises and return all keys to the Sublessor.
Cancellation: Notwithstanding any other provision of the Sublease, the Sublessor shall have the right for any reason to terminate the Sublease upon 30 days’ notice to the Sublessee. Said notice may be served by delivery to the Sublessee by written notice to the Sublessee. If the Sublease is terminated under the provisions of this paragraph, then the Sublessee shall vacate by the date set forth in said notice (the "Vacate Date") and if the Sublessee fails to vacate by the Vacate Date, then in addition to all other remedies, the Sublessor shall be entitled to recover all legal fees incurred in enforcing these terms, including reasonable attorney’s fees and costs. In addition, the Sublessee shall be liable for use and occupancy in the amount of $100 per day for each day after the Vacate Date until the Sublessor recovers possession of the apartment.
Termination of the Master Lease: If the Sublessor terminates her tenancy in the premises under the master lease, the Sublessor will provide 30 days’ notice to Sublessee. Sublessee agrees that if the master lease is terminated for any reason, the sublease will terminate on the same date.
Subleasing Assignment: Sublessee may not lease, sublease, or assign the premises without the prior written consent of the Sublessor.
No Waiver: If the Sublessor accepts rent from the Sublessee or fails to enforce any term in this Lease, it does not mean that the Sublessor gives up their rights to enforce those terms later on. Even if the Sublessor overlooks a violation or doesn't act immediately, they can still enforce the lease terms at a later time.
Illegality: If any part of this Lease is found to be illegal, only that specific part becomes invalid. The rest of the lease remains in full force and effect.
Amendments: The parties agree that any amendments made to this agreement must be in writing, where they must be signed by both parties in this agreement.
Governing Law: This Agreement shall be governed by and construed by the laws of the State of New York.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether written or oral, regarding the subject matter of this Agreement.
Posted Jul 10, 2024, 9:50 PM UTC · locked