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Commercial Sublease Agreement Template – New York
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Commercial Sublease Agreement Template
1. Parties and Notice Details
This Commercial Sublease Agreement ("Agreement") is entered into on [Date], by and between Sublessor (Current Tenant): [Full Legal Name / Business Name], Sublessee (New Tenant): [Full Legal Name / Business Name], and Landlord: [Full Legal Name / Company Name].
Sublessor Address/Contact: [Address], [Phone], [Email].
Sublessee Address/Contact: [Address], [Phone], [Email].
Landlord Address/Contact: [Address], [Phone], [Email].
Notice Method: [Email / certified mail / courier / other] to the addresses listed above.
2. Original Lease Linkage
Original Lease Date: [Original Lease Date].
This Sublease is subject to applicable terms of the Original Lease between Sublessor and Landlord.
Sublessee agrees to comply fully with applicable terms of the Original Lease.
Landlord Consent: [Required / attached as Exhibit B / pending].
3. Rent and Payment Reference
Monthly rent: $[Amount], payable to [Sublessor/Landlord] on or before the [Day] of each month.
Payment Reference: [Sublease ID / invoice # / account #] to be included with each payment.
Security deposit: $[Amount], refundable subject to Section 10.
Late fees: [Specify amount or % after X days overdue].
4. Term
Start Date: [Start Date].
End Date: [End Date].
Renewal: [Renewal requires written consent of all Parties].
5. Premises
The Premises are located at [Property Address], consisting of [Square Footage / Description of Area].
Included Areas: [Storage], [Parking], [Common areas], [Other].
6. Use of Premises (Operating Profile)
Authorized Use: [Authorized Use].
Operating Profile: [Select: Low/Moderate/High customer foot traffic], [Select: Low/Moderate/High deliveries], [Select: Daytime/Evening/24-7 operations].
Use Change: The Sublessee may not change use without written consent of the Sublessor and Landlord.
7. Operations and Risk Allocation
Maintenance and Repairs: Sublessee shall keep the Premises in good order and condition; damage caused by Sublessee must be promptly repaired at Sublessee’s expense.
Structural Repairs: Sublessor remains responsible for structural repairs unless otherwise stated in the Original Lease.
Utilities and Services: Sublessee shall pay utilities [electricity/water/gas/internet/waste disposal], [directly / reimbursed to Sublessor].
Alterations and Improvements: No alterations without prior written consent of both Sublessor and Landlord; approved improvements remain with the Premises unless otherwise agreed.
Insurance: Sublessee shall maintain liability insurance of at least [Coverage Amount], naming both Sublessor and Landlord as additional insureds; proof required prior to occupancy.
Indemnification: Sublessee agrees to indemnify and hold harmless the Sublessor and Landlord for claims arising from Sublessee’s use of the Premises.
Assignment and Subletting: Sublessee may not assign or further sublet without prior written consent of the Sublessor and Landlord.
Termination: This Agreement may be terminated by expiration, written agreement of all Parties, or Sublessee default including non-payment or breach.
8. Consent and Exhibit Tracker (Table)
Item | Provided By | Date Provided | Record ID/Link | Status |
[Exhibit A: Original Lease] | [Sublessor/Landlord] | [MM/DD/YYYY] | [Link/Path] | [Provided/Pending] |
[Exhibit B: Landlord Consent] | [Landlord] | [MM/DD/YYYY] | [Link/Path] | [Provided/Pending] |
[Exhibit C: Insurance Certificate] | [Sublessee] | [MM/DD/YYYY] | [Link/Path] | [Provided/Pending] |
[Exhibit D: Floor Plan / Premises Diagram] | [Sublessor] | [MM/DD/YYYY] | [Link/Path] | [Provided/Pending] |
9. Payment Application and Reimbursements
Additional Charges: [CAM], [Taxes], [Utilities reimbursement], [Other], payable to [Sublessor/Landlord] on [schedule].
Documentation: [Invoice format], [delivery method], and [payment timeline].
Allocation: [If one payment covers multiple references, describe allocation method].
10. Security Deposit
The Sublessor shall hold the security deposit to cover damages or unpaid rent.
The deposit (minus deductions, if any) shall be returned within [X days] after sublease termination and surrender.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New York.
12. Signatures
Sublessor: ______________________________ Date: [Date] Name/Title: [Full Name, Title]
Sublessee: ______________________________ Date: [Date] Name/Title: [Full Name, Title]
Landlord (Consent): _______________________ Date: [Date] Name/Title: [Full Name, Title]
Document Custodian (Acknowledgment): _______________________ Date: [Date] Name/Title: [Full Name, Title]
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Commercial Sublease Agreement Template – New York
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For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
New York Commercial Sublease Agreement Template FAQ
What is the benefit of using a consent and exhibit tracker?
A tracker makes it obvious whether the sublease file is complete and whether the key approvals and exhibits have been delivered. It reduces the chance that the parties start moving in or paying rent while a required consent or insurance certificate is still missing. It also helps later, when someone needs to confirm which version of the original lease was referenced, whether a floor plan was provided, or where the executed consent letter is stored. A simple tracker can save time during renewals, audits, or disputes.
How should a payment reference be used in sublease rent payments?
A payment reference is a short identifier that travels with each payment so the payee can apply funds correctly. It can be a sublease ID, invoice number, or account number, as long as it is consistent. Including this reference reduces reconciliation errors, especially when the sublessor manages multiple subtenants or when payments are routed through a landlord portal. If a payment is questioned later, the reference helps match the bank transaction to the month and to the correct lease record.
What if landlord consent is pending but the parties want to sign now?
Parties sometimes sign a sublease while stating that occupancy and performance begin only after consent is received. If that approach is used, the sublease should clearly state the consent status and avoid creating ambiguity about possession dates and payment obligations. The goal is to prevent a practical mismatch where the sublessee moves in but building management has not approved access. Documenting the consent in the agreement packet, with a clear status and record location, reduces confusion as the process moves forward.
How can additional charges like reimbursements be handled without confusion?
If the sublease includes reimbursements for utilities or other pass-through amounts, the agreement should describe how those charges are calculated, how invoices are delivered, and when payment is due. Many disputes arise when the sublessee expects these charges to be included in rent but they are billed separately. A short clause that lists the categories and the billing schedule helps set expectations. Pairing reimbursements with a documentation placeholder also helps the parties preserve invoices that support the amounts billed.
What should be included when only part of a space is subleased?
Partial subleases work best when the premises description is paired with a floor plan or a room list so the boundaries are objective. The agreement should also address shared areas such as reception, restrooms, storage, or conference rooms, and any rules for scheduling or access. If utilities are shared, the sublease should state whether the costs are split, reimbursed, or included in rent. Clear boundaries and shared-use rules reduce friction and help both parties operate without repeated renegotiation.
How can the parties avoid inconsistent versions of the original lease?
Identify the original lease by date and keep a copy or a clear access reference in the sublease packet. If the original lease is updated during the sublease term, preserve the amendment record and note which version controls the sublease relationship. A tracker section helps by listing what was provided and where it is stored. Consistency matters because building rules, insurance requirements, and use restrictions often sit inside the original lease, and the sublessee should have visibility into the terms they must follow.
What is the role of a document custodian acknowledgment?
A document custodian acknowledgment clarifies who is responsible for maintaining the executed sublease packet and its supporting records. This is useful when different teams handle leasing, operations, and accounting. If a dispute arises, or if the parties need to prove consent or insurance coverage, a custodian field helps locate the definitive record quickly. It also supports continuity when personnel change, because the agreement indicates where the official copy is stored and who controls access to it.
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