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Caretaker Sublease Agreement

This sublease agreement, dated March 19th of 2021, is made between Tony Stark, the Sublessor, and James Rhodes, the Sublessee.

The Sublessor and the Sublessee both agree that the Sublessee shall lease from the Sublessor a portion of the Sublessor’s interest in the apartment located at 234 East 33rd Street 4c, New York NY, the Premises, on the following terms:

1. Lease Term. The term of the Lease wi...

When should I use this document?

  • I have a friend moving into the place I'm leasing
  • Someone I met online is moving into the place I'm leasing
  • Someone is moving into the place I'm leasing and I don't have a legal agreement with them
  • My tenant would like to sublet their lease and they don't have an agreement

Sublease Agreement for:
 

This Sublease Agreement, dated September 20th, 2024, is made between  , the Sublessor, and  , the Sublessee.

The Sublessor and the Sublessee both agree that the Sublessee shall lease from the Sublessor a portion of the Sublessor’s interest in the apartment located at  , the Premises, on the following terms:

1. Lease Term. The term of the Lease will be for a period of months commencing on   and ending on  .

2. Rent. Sublessee will pay a total monthly rent of  .

3. Utility and Telephone Charges. Monthly utility charges are included in the cost of the rent.

4. Security Deposit. The Sublessee will pay a security deposit to the Sublessor. At the time of taking possession of the Premises by the Sublessee, the Sublessor will provide the Sublessee with an inspection form and both parties will complete the form.

The Sublessee agrees to surrender and deliver the subleased premises in the same condition as when received by the Sublessee and documented on the inspection form. At the end of the Sublease the Sublessee will complete the inspection form for the second time. The Sublessor will refund the Sublessee the deposit at the end of the term or within 30 days thereafter. Any reason for retaining a portion of the Deposit will be explained in writing within 30 days.

5. Default. The Sublessee has defaulted under this Sublease Agreement if any one or more of the following events (the “Event of Default”) occurs:

The Sublessee fails to pay the rent to the Sublessor or any amount of it when due or within any grace period.
The Sublessee fails to perform any of its obligations under this Sublease Agreement or any applicable obligation under the Master Lease.
The Sublessee abandons the Premises or uses the Premises for unpermitted or illegal purposes.

6. Remedies to Default. If the Sublessee is in default, then this agreement will immediately become null and void and the Sublessor will automatically claim right to the Security Deposit.

The Sublessee will be required to assist in finding a replacement sublessee by: a) cleaning the unit and keeping it clean b) coordinating viewing times with interested renters and showing the unit c) paying for any expenses incurred by these activities.

7. Nonpayment. In the event that any rent payment required to be paid by the Sublessee is not paid in full by the second day of each month the sublessee shall pay to the Sublessor, in addition to such payment or other charges due hereunder, an initial late fee as additional rent in the amount of 5% of the monthly rent amount. Further, a subsequent late fee of $20.00 per day will be incurred by the Sublessee for every day payment is delayed after the 2nd day of each month.

The Sublessee’s failure to pay the rent by the 20th day of the month will trigger eviction proceedings. A Non-Payment Petition and a Notice of Petition will be filed with the housing court. The Sublessee will receive copies of the court paper in the form of a service and be required to attend housing court.

8. Termination Notice. Sublessee’s tenancy will terminate on the ending date listed above unless either party requests to change the ending date and both parties agree.

9. Master Lease. This Sublease Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Sublease Agreement.

9. THE SUBTENANT ACKNOWLEDGES THAT IT HAS READ AND AGREED TO FLIP’S TERMS OF SERVICE, INCLUDING A LEAD PAINT DISCLOSURE FROM THE MASTER LEASE AND ANY OTHER DISCLOSURES.

10. Termination of Master Lease. If Sublessor terminates his/her tenancy in the Apartment, Sublessor will provide thirty days notice to Sublessee. Sublessee agrees that if the Master Lease is terminated for any reason, this Sublease Agreement will terminate effective the same date.

11. Agreement is Complete and Binding. Sublessee’s and Sublessor’s preliminary negotiations between the Parties are merged into, and superseded by, the terms of the Lease.

12. Legal Fees. In the event of any legal action concerning this Agreement the losing party will pay to the prevailing party reasonable attorney’s fees and court costs to be fixed by the court and such judgement will be entered.

13. Access. The Sublessee may enter the Premises upon 24 hours notice to inspect the Premises, maintain the Premies or make repairs that the Sublessor is obligated to perform.

14. Activities. The Sublessee is to obtain from the Sublessor permission to have a party in excess of ten people two weeks prior to the party date. Sublessee reserves the right not to agree with party date or dates. If Sublessee has a party in the excess of ten people without permission from Sublessor, the tenants will be assessed a fee of $150.00, which shall be made payable by the next monthly rental payment.

What do I need to fill this out?

  • The start and end date of the sublease
  • The names of the sublessor and the sublessee
  • The rent amount and length of the lease
  • Signatures from the sublessor and the sublessee
  • A signature from your landlord

Let's get started with a street address. What's the address of the place you're subletting?

Here's the address we found. Make sure it's correct!

Great - now let's add in the sublessor and the sublessee. Usually, that's you and one other person you're working with.

One final step! Now we just need the lease details. Enter them here.

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What does this sublease contract include?

This legal agreement covers the basics like start and end date, rent amount, and signatures - we recommend having these as a default if you decide to customize the agreement and remove some of our terms. We also cover these more complicated terms to protect you further:

Default and Remedies to Default

Your sublease agreement should clearly define what it means for a sublessee to default on the agreement.

For example, if the sublessee decides to move and stops paying the rent without the sublessor agreeing to this, they should fall into a state of default with certain processes (and penalties) associated with it. For example:

5. Default. The Sublessee has defaulted under this Sublease Agreement if any one or more of the following events (the “Event of Default”) occurs:

  • The Sublessee fails to pay the rent to the Sublessor or any amount of it when due or within any grace period.
  • The Sublessee fails to perform any of its obligations under this Sublease Agreement or any applicable obligation under the Master Lease.
  • The Sublessee abandons the Premises or uses the Premises for unpermitted or illegal purposes.

The agreement should state what exactly will happen in the event of a default. Here is an example:

6. Remedies to Default. If the Sublessee is in default, then this agreement will immediately become null and void and the Sublessor will automatically claim right to the Security Deposit.

Non Payment

In many states, a stay of more than 30 days creates a residential tenancy. This means that if the sublessee refuses to pay rent and refuses to leave, your only recourse is to evict them by going to housing court.

One thing you can do to prevent this is include a term in your lease that outlines the steps you are prepared to take in case of nonpayment. Here is an example:

7. Nonpayment. In the event that any rent payment required to be paid by the Sublessee is not paid in full by the second day of each month the sublessee shall pay to the Sublessor, in addition to such payment or other charges due hereunder, an initial late fee as additional rent in the amount of 5% of the monthly rent amount. Further, a subsequent late fee of $20.00 per day will be incurred by the Sublessee for every day payment is delayed after the 2nd day of each month.


The Sublessee’s failure to pay the rent by the 20th day of the month will trigger eviction proceedings. A Non-Payment Petition and a Notice of Petition will be filed with the housing court. The Sublessee will receive copies of the court paper in the form of a service and be required to attend housing court.

Security Deposits

You should take and hold a security deposit for the period of your sublet. Your agreement should outline 5 basic items:

  1. Amount: The term should include the exact amount you will collect as a security deposit.
  2. Storing Deposit: The term should include the terms of how you will store the sublessee’s security deposit. Some states require you to hold the deposit in escrow, others do not.
  3. Interest Rate: Certain states will require you to place your sublessee's security deposits in an account that earns interest. You must let your tenants know the interest rate their security deposit will be held at.
  4. Keeping the Deposit: The deposit agreement should include the reasons you can deduct money from the sublessee’s security deposit.
  5. Returning Deposit: Include the process for returning a security deposit. You will have to return the deposit within a certain number of days, depending on your state's law, of tenant move-out.

Several states also require the use of inventory checklists at both the beginning and the end of occupancy if a security deposit is collected.