Sublease Agreement (Commercial)
Simply complete the Commercial Sublease Agreement form below and click on View Results to see your completed contract.

LawDepot's Commercial Sublease Agreement:

  • Is used to transfer property rights that a tenant has under a commercial lease to a third party.
  • Is comprehensive and customizable as to rental amount, utilities, damage deposit, permitted uses, insurance, improvements, inspection form, landlord's consent, and more.
  • Is an easy to use and inexpensive Commercial Sublease Agreement.

If you want evidence of the landlord's consent to a sublease, try our Landlord's Consent to Sublease.

We regularly maintain this contract. Last Modified: February 2009

Sublease Agreement (Commercial) Details
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This software has the flexibility to let you quickly create the Commercial Sublease you want. It does this by providing many options with appropriate defaults.

One common default is 'Do Not Specify'. This default means that the finished agreement will not have a clause dealing with that topic. The benefit of not specifying is that you get a shorter and simpler document; however, the document will be less precise. Also, in some cases, the issue may not even be applicable. For example, if you do not want to specify whether utilities are included in the rent, then it is appropriate to pick 'Do Not Specify' for the answer to this question.

Governing Law
State: Q. What is the governing law of my Sublease?

 A. The governing law will be the jurisdiction in which the property is
located, regardless of which jurisdictions the Sublandlord and
Subtenant reside.
Sublandlord Information (the tenant in the master/original lease)
Number of Sublandlords: Q. Who is the Sublandlord?

 A. The Sublandlord or Sublessor is the person that entered into a lease with the original Landlord, and who is now leasing all or part of the Landlord's property to the Subtenant.

First Sublandlord's Information
Name:
Type:
Second Sublandlord's Information
Name:
Type:
Third Sublandlord's Information
Name:
Type:
Fourth Sublandlord's Information
Name:
Type:
Address for Service of Notice:
(Where should notices from the Subtenant intended for the Sublandlord be sent?)
Subtenant Information (the new tenant in this sublease)
Number of Subtenants: Q. Who is the Subtenant?

 A. The Subtenant or Sublessee is the person who is entering into a lease for some or all of the Landlord's property from the Sublandlord (the original Tenant).

First Subtenant's Information
Name:
Type:
Second Subtenant's Information
Name:
Type:
Third Subtenant's Information
Name:
Type:
Fourth Subtenant's Information
Name:
Type:
Address for Service of Notice:
(Where should notices from the Sublandlord intended for the Subtenant be sent?)
Landlord Information (the landlord in the original/master lease)
Number of Landlords:

First Landlord's Information
Name:
Type:
Second Landlord's Information
Name:
Type:
Third Landlord's Information
Name:
Type:
Fourth Landlord's Information
Name:
Type:
Copy of Master Lease
A copy of the Master Lease: Q. Do I need to provide the Subtenant with a copy of the Master Lease?

 A. Yes, the Subtenant is entitled to a copy of the Master Lease. The Sublandlord can include a copy of the Master Lease with the Sublease Agreement, or can deliver a copy directly to the Subtenant.
Master/Original Lease Information Q. What is the Master/Original Lease?

 A. This is the lease that the Sublandlord entered into with the Landlord and from which the Subtenant's interest will be created.
Date Executed: (e.g. June 1st, 2003)
Property Address:
(e.g. 55 Maple Street, Atlanta, Georgia, USA, 93456,
Legal Description: Plan A, Block 1, Lot 1
Other Details: encompassing an area of 6000 square feet as shown in the attached diagram marked as a schedule to this Sublease.)
Sublease Information
Type: Q. What is a sublease?

 A. Sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee). The sublease gives the subtenant the right to share or to take over the rented premises from the first tenant. The subtenant pays rent directly to the first tenant while the first tenant pays rent directly to the landlord. The landlord still holds the first tenant directly responsible for the rent and for any damage, including any caused by the subtenant. Usually, the first tenant must get consent from the landlord before he/she is allowed to sublease the premises.
Start Date:    (e.g. July 1, 2004)
End Date:
Number of Weeks:
Number of Months:
Number of Years:
   (e.g. July 1, 2006)
Area to be Subleased: Q. Can I sublease a portion of the property rather than the entire property?

 A. Yes, you can sublease a part or all of the leased premises to the Subtenant.
Description:

(e.g the fourth floor of the leased Premises)
Rent
Is the rent the same as under the Master Lease?
Sent Rent to: Sublandlord Landlord
Tenant will pay rent every:
Amount of Weekly Rent Payment:
Day of the Week for Payment: (e.g. Monday, Friday)
Amount of Monthly Rent Payment:
Day of the Month for Payment: (e.g. first, second, tenth)
Amount of Yearly Rent Payment:
Day of the Year for Payment: (e.g. June 4)
Address for Payment:
(e.g. 55 Maple Street, Atlanta, Georgia, USA, 93456)
Utilities
Are the utility payments the same as under the Master Lease?
Specify which utilities and other charges the Subtenant is responsible for:
(e.g. electricity, natural gas, water, sewer, telephone, cable, condominium fees, recreation facilities, and laundry facilities)
Damage Deposit
Is a damage Deposit required? Q. What is a damage deposit?

 A. The damage deposit is money that the Subtenant pays to the Sublandlord at the start of the sublease term, which the Sublandlord will use to cover the costs of any repairs caused by the Subtenant that need to be done to the property at the end of the sublease term, after the Subtenant has vacated the premises. If some of the damage deposit still remains after all repairs are completed, the remainder of the damage deposit will be returned to the Subtenant, or if there are no repairs that need to be done to the property, then all of the damage deposit will be returned to the Subtenant.
   (e.g. 250.00)
Permitted Uses of the Premises
Permitted purpose(s) in addition to that provided in the Master Lease?
Additional Permitted Use:
(e.g. the retail sale of pet supplies, the warehousing of stainless steel fixtures, the sale of plumbing supplies, etc.)
Insurance
Is insurance required? Q. Should the Subtenant have insurance?

 A. It is strongly advised that the Property should be insured. However, the Subtenant does not need to have their own insurance if the Sublandlord has obtained sufficient insurance to cover the Subtenant.
Alterations and Improvements
Are the Subtenant's Rights to make alterations the same as under the Master Lease? Q. Can I restrict what alterations the Subtenant is allowed to make to the property?

 A. Yes, the Sublandlord can determine the extent to which the Subtenant can make alterations. The Sublandlord may reduce the Subtenant's right to make improvements from the level established for the Sublandlord in the Master Lease, but the Sublandlord cannot increase the Subtenant's right to make alterations beyond the level outlined in the Master Lease.
Inspection Form
Is a check-in inspection form required? Q. What is a check-in inspection form?

 A. The check-in inspection form is completed by the Subtenant within a reasonable amount of time after the Subtenant takes possession of the property. This form will contain a description of the condition of the property at the time of the Subtenant's possession, and will be used at the end of the sublease term as a comparison tool to determine if the Subtenant caused any damage to the property.
Number of days to provide inspection form:
Additional Provisions Click here for tips on drafting your additional clauses.
Number of Additional Provisions:
Provision One:
Provision Two:
Provision Three:
Provision Four:
Provision Five:
(e.g. The Subtenant can use the parking stalls 313+314 for its employee parking)
Consent
Is the Landlord's Consent Included? Q. Do I need to create the Landlord's Consent to Sublease?

 A. The Landlord's Consent to Sublease should only be included in the Sublease Agreement if the Landlord has not previously provided written consent to the sublease.
Signing Details Q. Who should sign the Sublease?

 A. Both the Sublandlord and the Subtenant should sign the Sublease, and it is strongly recommended that at least 2 witnesses also sign it.
Date Sublease to be Signed: Q. I do not know when the Sublease will be signed. Can I fill in the date later?

 A. Yes, by selecting 'Unsure' as the date the agreement will be signed, a blank line will be inserted into the lease so that you can add the correct date after printing the document.
Date of Sublease:
   (e.g. July 4, 2004)