A Sub Tenancy Agreement is essential when a tenant wishes to legally sub-let their rented property in India. This document is commonly used in situations where the original tenant needs to relocate temporarily, wants to share the property, or in commercial contexts where businesses need to optimize their leased space. The agreement must align with the original lease terms and obtain necessary permissions from the head landlord. It includes crucial details such as rent amount, security deposit, maintenance responsibilities, and duration of the sub-tenancy. The document must comply with Indian property laws, including state-specific regulations, registration requirements (especially for terms exceeding 11 months), and stamp duty obligations. Special attention must be paid to local rent control laws and the Model Tenancy Act, 2021, where applicable.
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1. Parties: Identifies the head tenant (sub-lessor) and sub-tenant (sub-lessee), including full names, addresses, and contact details
2. Background: Explains the context of the sub-tenancy, references the head lease, and confirms the head landlord's consent if required
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Head Lease', 'Term', 'Rent', etc.
4. Grant of Sub-Lease: Formal grant of the sub-lease, specifying the property or portion being sub-let
5. Term and Possession: Duration of the sub-lease, start and end dates, and possession details
6. Rent and Deposits: Rent amount, payment terms, security deposit details, and other financial obligations
7. Utilities and Maintenance: Responsibilities for utilities, maintenance, repairs, and property upkeep
8. Use of Property: Permitted use of the property, restrictions, and occupancy rules
9. Tenant's Covenants: Sub-tenant's obligations and promises under the agreement
10. Head Tenant's Covenants: Head tenant's obligations and promises under the agreement
11. Insurance: Insurance requirements and responsibilities
12. Termination: Conditions and procedures for ending the sub-tenancy
13. Notices: How formal notices should be given between parties
14. Governing Law: Confirms Indian law governs the agreement and specifies jurisdiction
15. Execution: Signature blocks and execution formalities
1. Furniture and Fixtures: Include when the property is being sub-let furnished
2. Common Areas: Include when the sub-letting involves shared spaces or facilities
3. Alterations and Improvements: Include when sub-tenant is permitted to make changes to the property
4. Assignment and Further Sub-letting: Include when there's a need to explicitly address further sub-letting rights
5. Break Clause: Include when early termination options are being provided
6. Property Management Rules: Include for properties in managed buildings or complexes
7. Parking: Include when parking spaces are part of the sub-tenancy
8. Pet Policy: Include when addressing whether pets are allowed in the property
1. Schedule 1 - Property Description: Detailed description of the property or portion being sub-let, including floor plans if applicable
2. Schedule 2 - Inventory: List of furniture, fixtures, and fittings included in the sub-tenancy
3. Schedule 3 - Head Lease Terms: Relevant terms from the head lease that affect the sub-tenant
4. Schedule 4 - House Rules: Building or society rules applicable to the property
5. Schedule 5 - Condition Report: Documentation of property condition at the start of sub-tenancy
6. Appendix A - Head Landlord's Consent: Copy of written consent from head landlord for sub-letting
7. Appendix B - Utility Reading Records: Initial meter readings for utilities at handover
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