If your lease says that you are not allowed to sublet under any circumstance then your landlord can ignore or refuse your request with impunity. below on this _________ day of __________________, 20____. This arrangement may be for the partial or total rental of the space. Give the landlord 30 days to respond. Last Updated: A Sublease Agreement allows a Tenant, who has a lease to a residential property (an apartment, condo, house, or other property that someone uses as their primary dwelling), to assign their rights in the property so that a new individual, called the Subtenant, can take over all or part of a property in their place. This contract usually needs the landlords consent in order to be legally binding. Disclaimer: The materials on this website are for informational purposes only and do not constitute legal advice. Personal A Massachusetts sublease agreement is a contract that allows a tenant of a rental property to rent out a room in their unit to a third-party tenant that is not on the original rental agreement. _________________________________________________________ 0sMDMBFmMk ]V8!N35Q4$c]TW. This is an agreement to sublet real property ("Sublease") entered into on _______________________, 20____, by and between: SUBLESSOR(S): ______________________________________ ("Sublessor"), AND SUBLESSEE(S): ______________________________________ ("Sublessee"). Compose a sublease by identifying the people who sign it by names and contact details, specifying the legal address of the real estate, indicating the sublease duration, and explaining which party will have the financial burden of paying for utilities, improvements to the property, and general maintenance of the house, apartment, or commercial estate. THE PARTIES This is an agreement to sublet real property ("Sublease") entered into on [DATE OF AGREEMENT],by and between: SUBLESSOR(S) : [SUBLESSOR'S NAME AND ADDRESS] ("Sublessor"), AND SUBLESSEE(S) : [SUBLESSEE'S NAME AND ADDRESS] ("Sublessee"). If the sublessee will be able to renew the lease, then information about this will need to be provided. That being said, this situation can sometimes be tenuous, so its a good idea to opt for taking on a sublessee at least in the short term until the lease term has ended. Power of Attorney _________________________________________. Legal Templates cannot and does not provide legal advice or legal representation. This means that if subleasing is prohibited, or is not addressed in the rental agreement, a tenant will not be allowed to sublet the rental unit. A Commercial Sublease Agreement is used when a business tenant sublets the rental space to a subtenant without breaking his or her current lease with the landlord or property manager. It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken. ), When you sublet your apartment, you, as the original tenant, remain responsible to the landlord for the apartment. If you need to move out of your apartment temporarily and do not want to pay rent while you are gone, one option is to sublet your apartment to someone else for a specific period of time. This contract usually needs the landlords consent in order to be legally binding. With a sublease, the sublessee can pay rent to the original tenant (who is considered the sublessor) or the landlord. Free Massachusetts Lease Agreement Templates (8) - PDF | Word - eForms Updated August 07, 2023 A Massachusetts lease agreement is a written contract for the renting of real estate between a landlord and a tenant. In any situation, the new renter is called the sublessee or subtenant, and he or she will have to fill out the new sublease in order to be protected in a similar way to a standard lease. If they dont respond, you can assume the sublease is permitted. 2023, iPropertyManagement.com. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant. If you believe you no longer can afford the lease or you are looking for another accommodation or office space, you can contact your landlord and ask them whether a sublease is possible . To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. TemplateRoller.com will not be liable for loss or damage of any kind incurred as a result of using the information provided on the site. 4. Subletting Your Apartment - MassLegalHelp herein include the plural as well as the singular. Free Massachusetts Sublease Agreement Template | PDF & Word When using this as a sublet option, after the subtenant signs the sublease agreement, contact the landlord and attempt to get her consent. We use cookies to improve your experience on our site and to analyse web traffic. 8. A Massachusetts sublease agreement form is for tenants currently under a lease agreement seeking to rent a portion or all of their space to someone else. Massachusetts Agreement to Sublease/Sublet This agreement is to sublet real property according to the terms specified below. PublicLegal is a socially motivated website that provides information about the law while respecting your rights and privacy. described below. With an agreement like this, it is absolutely critical that the original lease is studiously consulted. State agencies are a common tenant in Boston's older, cheaper office stock, known as Class B and C space. signature. 10. Or email a question about your own legal problem to a lawyer. It is possible to draft a Sublease Agreement that requires the subletter to pay the landlord directly. To be safe, send a certified letter to the landlord with a copy of the sublease or the terms of the proposed sublease. DOCX Massachusetts Sublease Agreement - eForms A tenant is required to obtain consent from the landlord if subletting is prohibited. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. In addition, even if you trust your subtenant, stay in touch with him or her and if possible, your landlord. Free Massachusetts Sublease Agreement Template - PDF - eForms Therefore, the sublease agreement is null and void. wear and tear excepted. View our privacy policy. The security deposit info. Law Students Massachusetts Sublease Agreement - Form used by property management companies or property managers where some rights a tenant has under lease agreement is passed on to a third party. With a sublease, the new renter will fall under the same rates of the original lease, which can only change once the original lease period has expired. What to Include in a Massachusetts Sublease Agreement, Writing a Massachusetts Sublease Agreement. A copy of the original lease should also be attached to the sublease agreement. for the purposes of running background checks. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. Screening the Subteant Smith v. Abbott, 221 Mass. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them. Check your lease. The tenant remains responsible for paying rent on time and will be held accountable for any property damage or breach of the lease caused by the sublessee. Monday-Friday _________________________________________________________ As long as the sublessee takes on all the financial burdens associated with the unit, then the previous tenant will have no problems until the sublessee takes on a lease once the previous one has expired. A Massachusetts sublease agreement is a contract between a tenant already renting a piece of property (the sublessor) and a new tenant the sublessee) who wants to lease part of all of the property. in as good a condition as they were at the beginning of the term, reasonable When this is the case, he or she will either need to pay the rent for the time they are out of town or take on a sublessee. Subleasing, also known as subletting, means that the existing tenant re-rents some or all of their rental property to the subtenant for a portion or the remainder of the original lease. 23 . Both parties agree to keep, perform, and fulfill the promises, conditions and agreements expressed below: 1. The Bottom Line: According to Massachusetts law, you are allowed to sublet as long as your obtain written approval from your landlord. This will confirm the stance of these parties, and it will also make the tenants intent to sublease known. It typically outlines the terms and conditions of the sublease, including the rent amount, the length of the sublease, and any restrictions or limitations on the use of the rental property. This guide contains step-by-step instructions for creating a basic sublease agreement template that is legally compliant in the state of Massachusetts. f?3-]T2j),l0/%b A document stating this intent can be sent via either certified or first-class mail, and in the document, the name of the prospective sublessee should be clearly included. Create the Massachusetts sublease agreement, and sublet your property. The Massachusetts sublease agreement allows a tenant to rent ("sublease") all or part of a rental property to a new tenant ("sublessee"). The website is governed by the Terms of Use You must obtain the landlords written consent if the lease requires approval. In a sublease, the subtenant is subject to the terms and conditions of the original lease. Free Massachusetts Sublease Agreement Template | PDF | WORD | RTF Also, a tenant must attain written approval from a landlord if he or she is looking to sublet. INVENTORY FORM: At the time of the taking possession of the A sublease agreement is a contract between the current tenant (sublessor) of an existing lease and a new tenant (a subtenant or sublessee). the time of executing this lease are not legally valid, and therefore, are not Pre-Law, U.S. State Gov't Massachusetts Sublease Agreement. All Rights Reserved. MASSACHUSETTS SUBLEASE AGREEMENT MASSACHUSETTS SUBLEASE AGREEMENT I. 3. If the secondary tenant violates the sublease agreement, the main tenant is responsible for any disciplinary action, not the property owner. Yes, subletting is legal in Massachusetts if it is specifically allowed in the rental agreement. 14. Its suggested that prospective secondary tenants submit. May 14, 2023 6 min read Download Resource A Massachusetts sublease agreement is a document that legally allows the original tenant of a rented property to lease it to a new tenant. 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)." which are to be paid by the sublessor under the master lease shall be paid by That is not to impede on the efficacy of a formal sublet rental contract. Subletting an Apartment in Boston - Sublet Your Apartment With one of these unique agreements, the tenant will effectively become the landlord in a sublessor and sublessee arrangement, and the original landlord will have little to do with the new sublease. the sublessor the premises and all furniture and decorations within the premises the subtenant for the term of this sublease. OTHER TERMS AND CONDITIONS: ____________________ PDF Massachusetts Sublease Agreement - eForms Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample, Part II of the General Laws of Massachusetts (Real and Personal Property and Domestic Relations), name of the party receiving the rent payment, the address where the rent payment is to be delivered, Give a subtenant fourteen days (14) written notice to pay rent or leave, Return the security deposit within thirty days (30) of the end of the sublease, Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease. DEPOSIT: Subtenant agrees to pay sublessor a deposit of $______________ A sublease enables the sub-lessor to act as a landlord in relation to the sub-lessee, thus creating an organized tenancy structure. If they approve your request or if the approval was granted in advance in the text of the original lease, you can start looking for a third party. can ignore or refuse your request with impunity, Massachusetts laws for accepting and holding security deposits, The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter), The name of the proposed subtenant or assignee, The permanent home address of the proposed subtenant or assignee, Your reason for subletting or leaving permanently, Your new address during the sublease if applicable. Under the security deposit law in Massachusetts, a landlord may not collect a security deposit that is greater than one month's rent. be modified, changed, altered or amended in any way except through a written If a landlord has already collected a month's security deposit from the original tenant and then collects another month's deposit from the subtenant, she is in violation of the law.25. PDF O Appendix A Forms FREE Sublease Agreement Sample [2023] | PDF Form - iPropertyManagement.com Free Massachusetts Sublease Agreement | PDF | WORD - OpenDocs VushL' h[!''9I|enVP}"Y_T[Y: PK ! A Massachusetts sublease agreement is used by a tenant with an active lease to rent out their residence to another individual (the "sublessee") for part or the remainder of the lease term. Renting is a great alternative to owning your own home. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Maximilian Ventures LLC. The Massachusetts sublease agreement allows a tenant to rent (sublease) all or part of a rental property to a new tenant (sublessee). THE PARTIES. Hart v. Bouton, 152 Mass. This can include the maximum period of time in which the landlord must return the deposit. payable in advance on the ____________ day of the month. 1. 17. 21 . A Massachusetts sublease agreement allows parties to document document a basic sublet living arrangement among people who will reside on the same property. The subleases duration, for instance, must not exceed that of the master lease since the sub-lessee and property manager are not technically bound in contract. Questions? MASSACHUSETTS SUBLEASE AGREEMENT I. Legal Experts The sublessor agrees to sublet, and the subtenant agrees to take the premises described below. incorporated as if it were set out here at length. If it's U.S. Federal Gov't Last Wills & Estates
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