Fillable A Model Commercial Sublease Agreement Template printable pdf download

A Model Commercial Sublease Agreement

John S. Hollyfield

is Of Counsel to the firm of Fulbright and Jaworski, in Houston. He has written extensively on real estate topics and is a

member of The Practical Real Estate Lawyer’s editorial board.

Regardless of the reasons for the sublease, the parties’ goals won’t be met in the absence of

a clear, concise, and comprehensive sublease agreement.

THERE CAN BE any number of good business reasons for a commercial sublease. The sublessor

might have had a change in its business circumstances or even the focus of its business. The

sublessee might have had its eye on the space for some time, but couldn’t come to terms with the

landlord. Whatever the reason may be, the goals of the sublessor and sublessee won’t be met unless

the terms of the relationship are clear and the major questions are answered. What obligations does

the sublessee assume from the sublessor? Does the sublessee indemnify the sublessor? Are there

any warranties of habitability, fitness for use, or compliance with building codes? What happens if the

sublessee defaults? What constitutes a default? What law governs? Who pays the utility bills? Who

takes out the trash?

There is no reason to leave any of these questions unanswered in the context of a commercial

sublease. So the aim of this Model Agreement is to provide a starting point for the careful attorney—

whether for the sublessor or the sublessee.

SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (this “Sublease”) is made and entered effective as of the ______

day of ____________, _______, by and between ______________________ (“Sublessor”) and

_______________________ (“Sublessee”).

W I T N E S S E T H:

_______________________, as Landlord (“Landlord”) and _______________________ (“Tenant”)

entered into that certain Standard Office Building Lease Agreement dated _________________

(“Base Lease”), covering and describing the premises known as Suite __________ in the

____________

_________________

Building,

________________________,

[city,

state]

(“Premises”), a true and correct copy of the Base Lease being attached hereto as [Exhibit ] and made

a part hereof for all purposes;

WHEREAS, Sublessor has succeeded to all the rights and interests of Tenant under the Base Lease;

and

WHEREAS, Sublessee desires to sublease the Premises from Sublessor upon the terms and

conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein,

Sublessor and Sublessee hereby agree as follows:

A Model Commercial Sublease Agreement Template