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Sub-Lease Agreement South Africa – Template
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Sub-Lease Agreement South Africa – Template
Legal contract where original tenant rents property to subtenant for specified duration.
- Cost-effective renting option.
- Flexibility for sublessor and sublessee.
- Allows for shared living.
SUB-LEASE AGREEMENT SOUTH AFRICA
Summary A tenant who is already renting premises, but is wanting to sub-lease the whole or portion of the property to a sub-lessee may use a Sub-Lease Agreement.
Note: you may wish to obtain the sub-lessee’s details, and conduct a background check before finalising the Agreement. The Tenant Application Form may be used for this purpose.
What does the Agreement say? The Sub-Lease Agreement covers the following issues: Letting and Hiring; Duration; Rent; Use; Additional Charges; Maintenance, Repairs and Cleaning; Laws and other Agreements; Insurance; Improvements; Sub-Letting; Breach; General
What does the Sub-Lease Agreement look like? The agreement can be printed onto six pages.
What do you need to do to use a Sub-Lease?
- Complete the relevant details in the agreement.
- Read the document to ensure that it suits your requirements. Make changes as required.
- Ensure that the agreement is signed by both the sub-lessee and you as the lessor.
You should also ensure that the primary Lease Agreement with the landlord does not prohibit entering into a Sub-Lease Agreement.
Also known as: Rental Agreement; Lease Agreement; Property Rental Agreement; Rental Contract; Terms of Lease; Rental Terms and Conditions; Lease of Property Agreement.
Why is a Sublease agreement template useful?
A sublease agreement is a legal sublease contract that allows a tenant to rent out their rental property to a new tenant. This is done when the original tenant is unable to continue occupying the rental property under the master lease and wishes to sublet it to someone else (known as prospective tenants).
Here are some of the key points to keep in mind when it comes to sub lease agreements:
- Sublease agreements are used when a tenant wants to rent out their rental property to a new tenant. The sublease contract is concluded between the tenant and subtenant and consists of various provisions.
- This type of sublease agreement is different from a lease agreement (Original lease), which is a contract between the landlord or landlords and the original tenant.
- A free sublease agreement form or template can be found online but may not be as comprehensive and in touch with governing law.
- The sublease agreement should include clauses related to the security deposit and to whom the security deposit is payable, rent payments, date the monthly rent is to be paid, original tenant details, a copy of the original lease or master lease, the entire agreement clause, sublease payments, when the sublease will begin, such addresses of the tenant and subtenant, the landlord or landlords details as set out in the original contract, any following utilities as well as any other utilities, to be included or excluded from the sublease agreement, details of the premises that is leased under the sublease agreement form and dispute resolution and other lease terms found in all standard leases and to which both parties agree.
- The sublease agreement must comply with state laws and local laws and be legally binding.
- The agreement should state the total sublease payment the subtenant is liable to pay and the terms of the original sublease agreement. (Also known as the master lease or original lease)
- The sublease agreement must have the landlord’s consent and follow the terms of the original lease agreement or so called master lease. Only then will the sublease agreement be deemed valid in relation to the leased property.
- The agreement should include a move-in checklist and provisions related to utilities and maintenance. The Move in checklist should also be signed by the tenant, landlord and subtenant to indicate that all parties agree thereto.
- The sublessee should sign the agreement to indicate that the sublessee agrees to the terms of the lease before the sublessee taking possession of the premises and pay rent in a timely manner.
- The sublease agreement also sets out clauses such as the period for providing notice to terminate the sublease agreement, clauses that my lead to the sublease agreement being terminated sooner pursuant to such clauses not being abided by.
- A landlord is also required to by law to disclose if a premises or property has lead based paint (lead based paint disclosure).
- A residential sublease agreement template differs in certain clauses to those found in a sublease agreement template for a commercial property or premises.
- As with the prime lease, if you are looking to entertain subletting, one should always do thorough checks on the interested parties or interested party (known as a potential subtenant) before concluding a sublease and allowing access to the premises or property.
- The subletting contract should also clearly stipulate who is entitled to the sublease payments provided, such as the security deposit, rental amount and so forth, normally this will be either the landlord or tenant.
- The Tenants will still be beholden to their obligations under the original lease contract and must above all abide by the terms and conditions of the original lease.
In summary, a sublease agreement is a legal contract used to rent out a rental property to a new tenant. It should comply with state and local laws and include clauses related to rent payments, security deposit payment and to whom that security deposit is payable, and dispute resolution. The agreement must be legally binding, have the landlord’s consent, and follow the terms of the original lease agreement (also known as the prime lease). The sublessee should sign the agreement and pay rent on time.
Our Sublease agreement will help you save time and money on legal fees!
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