MISSISSIPPI RESIDENTIAL SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT hereinafter known as the "Sublease" is made
and entered into this
day of , 20 , by and between
with a mailing address
hereinafter known as the "Sublessor" and the Sublessee(s)
, , and
hereinafter known as the "Sublessee(s)."
For and in consideration of the covenants and obligations contained herein
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
PROPERTY. This Sublease has for its subject the property located at the street
address
_________________________, in the City of ______________________, State of
Mississippi. The sublease includes the:
_________________________________ and is limited to the same, hereinafter referred
to as the Property.”
TERM. This Sublease shall commence on day of , 20 ,
and end on day of , 20 , at 11:59 PM local time
(hereinafter referred to as the “Term”). Upon the end of the Term, Sublessee shall
be required to vacate the Property unless the Sublessor and Sublessee formally
extend this Sublease in writing or create and execute a new, written and signed
Sublease.
EARLY TERMINATION. The Sublessee(s):
Shall have the right to terminate this Sublease at any time by providing
at least days’ written notice to the Sublessor along with an early
termination fee of $ . During the notice period for termination,
the Sublessee(s) will remain responsible for the payment of rent.
Shall not have the right to terminate this Sublease.
RENT. The rent under this Sublease shall be $ payable on the
day of every Week Month (hereinafter referred to as the “Rent”). The Rent shall
be paid in the following manner:
.
A. Late Rent. If Rent is not paid within days of the due date, the Rent shall
be considered past due and a late fee of $ or
% of the Rent past due shall be applied for every day Rent is late
occurrence Rent is late.
B. Returned Checks. In the event that any payment by Sublessee is returned for
insufficient funds ("NSF") or if Sublessee stops payment, Sublessee will pay
$ to Sublessor for each such returned check, plus late
Rent penalties, as described above, until Sublessor has received
payment.
UTILITIES. The Sublessor shall provide the following utilities and services to the
Sublessee(s): .
The following utilities or services will be the responsibility of the Sublessee(s):
.
SECURITY DEPOSIT. Upon execution of this Sublease, Sublessee shall deposit
with Sublessor the sum of $ (hereinafter referred to as the
“Security Deposit”) receipt of which is hereby acknowledged by Sublessor, as
security for any damage caused to the Property during the Term hereof. The
Sublessor may place the Security Deposit in an interest-bearing account and any
interest earned will be paid to the Sublessor.
A. Refunds. Upon termination of the tenancy, all funds held by the Sublessor
as a Security Deposit may be applied to the payment of accrued rent and
the number of damages that the Sublessor has suffered by reason of the
Sublessee's noncompliance with the terms of this Sublease or with any and
all laws, ordinances, rules, and orders of any and all governmental
authorities affecting the cleanliness, use, occupancy, and preservation of
the Property.
B. Deductions. The Sublessor may deduct reasonable charges from the
Security Deposit for unpaid rent; late charges; if Sublessee is in default;
unpaid utilities; replacing unreturned keys, garage door openers, or other
devices; costs of cleaning and repairing the Property and its contents for
which Sublessee is responsible; pet violations; removal of unauthorized
locks or fixtures; removing abandoned or illegally parked vehicles; attorney
fees and costs of court incurred in any proceeding against Sublessee. If
deductions exceed the Security Deposit, Sublessee will pay Sublessor the
excess amount within days after Sublessor makes written demand. The
Security Deposit will be applied first to any non-rent items, including late
charges, returned check charges, repairs, and utilities, then to any unpaid
rent.
C. Return. The Sublessor shall return the Security Deposit to the Sublessee
within the requirements within Mississippi or sixty (60) days from the end of
the Term, whichever is less.
USE OF PROPERTY. The Property shall be used and occupied solely by Sublessee
and Sublessee's immediate family, consisting of only the following named
person(s):
and to be used exclusively as a private dwelling, and no part of the Property shall
be used at any time during the term of this Sublease by Sublessee for the
purpose of carrying on any business of any kind, or for any purpose other than as
a private single-family dwelling. Sublessee shall not allow any other person, other
than Sublessee's immediate family or transient relatives and friends who are
guests of Sublessee, to use or occupy the Property without first obtaining
Sublessor's written consent to such use. Sublessee shall comply with any and all
laws, ordinances, rules, and orders of any and all governmental authorities
affecting the cleanliness, use, occupancy, and preservation of the Property.
CONDITION. Sublessee stipulates, represents, and warrants that Sublessee has
examined the Property and that they are at the time of this Sublease in good
order, repair, and in a safe, clean, and habitable condition.
ALTERATIONS AND IMPROVEMENTS. Sublessee shall make no alterations to the
building or improvements on the Property or construct any building or make any
other improvements on the Property without the prior written consent of
Sublessor. Any and all alterations, changes, and/or improvements built,
constructed, or placed on the Property by Sublessee shall, unless otherwise
provided by written agreement between Landlord, Sublessor, and Sublessee, be
and become the property of Sublessor and remain on the property at the
expiration or earlier termination of this Sublease.
MASTER LEASE. The Sublessee hereby acknowledges that this Sublease is subject
to the terms and conditions of the Lease Agreement between the Sublessor and
the Landlord dated
_______________ (“Master Lease”), a copy of the same attached
hereto and is made an integral part hereof. As such, the Sublessee agrees to
comply with and be bound by the rules provided therein whenever applicable.
Further, the Sublessee hereby agrees to assume all of the Sublessor’s obligations
under the Master Lease in as far as legally permissible.
LANDLORDS CONSENT. The validity of this Sublease is subject to the Landlords
consent. Failure of the Sublessee to obtain the Landlords consent shall render this
Sublease void with no legal effect.
MAINTENANCE, REPAIR, AND RULES. The maintenance of the Property, minor
repairs and servicing shall be the responsibility and sole expense of the Sublessee,
including but not limited to HVAC/air-conditioning units, plumbing fixtures (e.g.
showers, bath tubs, toilets or sinks). For the entirety of the term of this Subleases,
the Sublessee shall keep the property clean and in good repair. The Sublessee
shall:
A. Comply with any and all rules or regulations covering the Property
including but not limited to local ordinances, health or safety codes,
those set forth in the Master Lease, and Condominium or Homeowner’s
associations, where applicable.
B. Dispose of any and all waste properly.
C. Not obstruct any structure intended for ingress, egress, passage or
otherwise providing some type of access to, from or through the
property.
D. Keep all windows, balconies, railings and other fixtures or structures
visible from outside of the property free from laundry at all times.
E. Obtain consent of the Sublessor prior to replacing or installing new
deadbolts, locks, hooks, doorknobs and the like
F. Refrain from all activities the will cause unreasonable loud noises or
otherwise unduly disturb neighbors and/or other residents.
GUESTS. No person other than the Sublessee(s) herein shall live or occupy the.
Guest(s) of the Sublessee(s) shall not stay beyond a maximum of days
without the express written consent of the Sublessor.
PETS. Under this Sublease:
Pets Are Allowed. The Sublessee shall be allowed to have pet(s) on
the Property consisting of Dogs Cats Fish Other
not weighing more than pounds. The Sublessor shall administer a fee
of $ per pet on the Property. Landlord and Sublessor shall be
held harmless in the event any of the Sublessee’s pets cause harm, injury,
death, or sickness to another individual or animal. Sublessee is responsible
and liable for any damage or required cleaning to the Property caused by
any authorized or unauthorized animal and for all costs Sublessor may incur
in removing or causing any animal to be removed.
Pets Not Allowed. There shall be no animals permitted on the Property
or in any common areas UNLESS said pet is legally allowed under the law
in regard to assistance with a disability. Pets shall include, but not be
limited to, any mammal, reptile, bird, fish, rodents, or insects on the
Property.
QUIET ENJOYMENT. Upon payment of all sums referred to herein as being
payable by Sublessee and Sublessee's performance of all Sublessee's agreements
contained herein and Sublessee's observance of all rules and regulations,
Sublessee shall and may peacefully and quietly have, hold, and enjoy said
Property for the term hereof.
INDEMNIFICATION. Sublessor shall not be liable for any injury to the Sublessee,
Sublessee’s family, guests, or employees or to any person entering the property
and shall not be liable for any damage to the building in which the Property is
located or to goods or equipment, or to the structure or equipment of the
structure in which the Property is located, and Sublessee hereby agrees to
indemnify, defend, and hold Sublessor harmless from any and all claims or
assertions of every kind and nature.
DEFAULT. If Sublessor breaches this Sublease, Sublessee may seek any relief
provided by law. If Sublessee fails to comply with any of the material provisions
of this Sublease, other than the covenant to pay rent or of any present rules
and regulations, or any that may be hereafter prescribed by Sublessor, or
materially fails to comply with any duties imposed on Sublessee by statute,
Sublessor may terminate this Sublease days after delivery of
written notice by Sublessor specifying the noncompliance and indicating the
intention of Sublessor to terminate the Sublease by reason thereof. If
Sublessee fails to pay rent when due and the default continues for days
thereafter, Sublessor may, at Sublessor's option, declare the entire balance of
rent payable hereunder to be immediately due and payable and may exercise
any and all rights and remedies available to Sublessor at law or in equity or
may immediately terminate this Sublease.
ABANDONMENT. If at any time during the Term of this Sublease the Sublessee
abandons the Property or any part thereof, Sublessor may, at Sublessor's option,
obtain possession of the Property in the manner provided by law, and without
becoming liable to Sublessee for damages or for any payment of any kind
whatsoever. The Sublessor may, at Sublessor's discretion, as agent for Sublessee,
relet the Property, or any part thereof, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such
reletting, and, at Sublessor's option, hold Sublessee liable for any difference
between the rent that would have been payable under this Sublease during the
balance of the unexpired term, if this Sublease had continued in force, and the net
rent for such period realized by Sublessor by means of such reletting. If the
Sublessor's right of reentry is exercised following the abandonment of the
Property by Sublessee, then Sublessor shall consider any personal property
belonging to Sublessee and left on the Property to also have been abandoned, in
which case Sublessor may dispose of all such personal property in any manner
Sublessor shall deem proper and Sublessor is
hereby relieved of all liability for
doing so.
SEVERABILITY. Should any provision of this Sublease or any part thereof be
found illegal, invalid or otherwise unenforceable, all the remaining provisions
not found as such, in so far as practicable, shall remain valid and fully to the
maximum extent permitted by law.
BINDING EFFECT. The covenants, obligations, and conditions herein contained
shall be binding on and inure to the benefit of the heirs, legal representatives, and
assigns of the parties hereto.
NOTICE. Any notice required or permitted under this Sublease or under
Mississippi state law shall be delivered to Sublessee at the Property address, and
to Sublessor at the following address:
.
PARKING. The Sublessor:
Shall provide parking space(s) to the Sublessee(s) for a fee of
$ to be paid at the execution of this Sublease on a monthly
basis in addition to the rent. The parking space(s) are described as:
.
Shall not provide parking.
SMOKING POLICY. Smoking on the Property is:
Permitted in the following areas:
.
Prohibited on the Property.
DISPUTES. If a dispute arises during or after the term of this Sublease between
the Sublessor and Sublessee(s), they shall agree to hold negotiations amongst
themselves, in "good faith", before any litigation.
RETALIATION. The Sublessor is prohibited from making any type of retaliatory
acts against the Sublessee(s) including but not limited to restricting access to
the Property, decreasing or canceling services or utilities, failure to repair
appliances or fixtures, or any other type of activity that could be considered
unjustified.
EQUAL HOUSING. If the Sublessee(s) possesses any mental or physical
impairment, the Sublessor shall provide reasonable modifications to the Property
unless the modifications would be too difficult or expensive for the Sublessor to
provide. Any impairment(s) of the Sublessee(s) are encouraged to be provided and
presented to the Sublessor in writing in order to seek the most appropriate route
for providing the modifications to the Property.
LIABILITY. At the end of the Term of this Sublease, the Sublessee shall deliver the
Property and all that is included therein to the Sublessor in the condition it was
delivered to the Sublessee, save for reasonable wear and tear. The Sublessee shall
be liable for any and all damage to the Property that is beyond ordinary wear and
tear.
LEAD-BASED PAINT DISCLOSURE. If the Property was constructed prior to 1978,
Sublessee acknowledges receipt of the form entitled “LEAD-BASED PAINT
DISCLOSURE which contains disclosure of information on lead-based paint
and/or lead-based paint hazards.
ENTIRE AGREEMENT. This Sublease and, if any, the attached documents are
contain the complete and entire agreement between the Sublessor and
Sublessee concerning the Property and the total building facilities. There are no
oral agreements, understandings, promises, or representations between the
Sublessor and Sublessee affecting this Sublease. All prior negotiations and
understandings, if any, between the parties hereto with respect to the Property
and the total building facilities shall be of no force or effect and shall not be used
to interpret this Sublease. No provision or agreement modifying or pertaining to
any issue, right or obligation mentioned herein shall be valid or effective without
clear and explicit agreement of both the Sublessor and the Sublessee(s) in
writing.
IN WITNESS WHEREOF, the Sublessor and Sublessee(s) have executed this
Sublease in multiple originals as of the undersigned date(s).
Sublessor Signature Date Print
Name
Sublessee Signature Date Print
Name
Sublessee(s) Signature Date
Print Name
Sublessee (s) Signature Date
Print Name
LANDLORD’S CONSENT TO SUBLEASE
THIS CONSENT TO SUBLEASE AGREEMENT hereinafter referred to as the
"CONSENT" is made this ____
day of , 20 , by
with a mailing address at
, herein after referred to as the “Landlord”.
This CONSENT is made in reference to the Lease Agreement dated ______________
between myself and the Tenant therein, and the Sublessor
in the Sublease Agreement mentioned below (hereinafter referred to as the
“Sublessor”), over subject the Property located at
.
I. I hereby acknowledge the SUBLEASE AGREEMENT entered into in the
day of , 20 , by and between the Sublessor and the
Sublessee(s) known as
and give my consent to the same.
Landlords Signature Date
Print Name
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