SUBLEASE AGREEMENT
This sublease agreement (hereinafter the "Agreement") has been entered into in [Place of signing] on [Date of the agreement] between the following parties:
1. PARTIES
1.1 [Name of the sublessor]
Personal identification code: [Personal identification code of the sublessor]
E-mail: [E-mail of the sublessor]
(hereinafter the "Sublessor")
1.2 [Name of the sublessee]
Personal identification code: [Personal identification code of the sublessee]
E-mail: [E-mail of the sublessee]
(hereinafter the "Sublessee")
2. HEAD LEASE CONTRACT
2.1 The leased premises are located at [Address of the leased premises].
2.2 The Sublessor leases the said premises on the basis of the lease contract entered into on [Date of the head lease contract], the landlord under which is [Name of the head landlord] (hereinafter the "Head Landlord").
2.3 This Agreement does not give the Sublessee more rights than the Sublessor itself has under the head lease contract.
2.4 A tenant may sublease the leased premises in part or in full only with the consent of the landlord (Law of Obligations Act (VÕS) § 288 (1)). The Sublessor is liable to the Head Landlord for the activities of the Sublessee as for its own activities (VÕS § 288 (5)).
2.5 The Sublessee may not use the premises after the termination of the head lease contract or otherwise than as permitted to the Sublessor, and the Head Landlord may demand this directly from the Sublessee (VÕS § 288 (6)).
3. CONSENT OF THE LANDLORD
3.1 The Head Landlord gave written consent to the sublease on [Date of the consent]. The Sublessor gives the Sublessee a copy of the consent, which is an annex to the Agreement.
4. PART SUBLEASED
4.1 The entire leased premises are subleased.
4.2 The Sublessee may use the rooms and equipment in shared use to the extent necessary for the ordinary use of the premises, unless otherwise agreed in clause 4.1. The Sublessor hands over the premises together with their accessories in a condition suitable for use in accordance with the contract (VÕS § 276 (1)).
5. PERMITTED USE
5.1 The Sublessee uses the premises as a dwelling; up to [Permitted number of occupants] persons may permanently reside on the premises.
5.2 The Sublessee has no right to further sublease the premises.
5.3 The Sublessee uses the premises with care and in accordance with their intended purpose and takes into account the interests of the residents of the building and the neighbours (VÕS § 276 (2)–(3)). The Sublessor communicates to the Sublessee those terms of the head lease contract and the house rules of the building that concern the use of the premises (e.g. keeping pets and smoking), and the Sublessee complies with them.
5.4 The Sublessee may make improvements and alterations to the premises only with the consent of the Sublessor given in a form reproducible in writing (VÕS § 285 (1)); the Sublessor does not give consent to the extent that it requires the consent of the Head Landlord before such consent has been obtained.
6. RENT AND PAYMENT
6.1 The sublease rent is [Sublease rent (€ per month)] euros per month.
6.2 The rent is paid [Rent payment day].
6.3 The sublease rent is paid to the bank account communicated by the Sublessor in a form reproducible in writing. A payment is deemed made on the day the amount is received in the Sublessor's bank account. In the event of delay in payment, the Sublessor may demand late interest at the statutory rate (VÕS § 113 (1)).
6.4 The Sublessee is not required to pay the sublease rent for the period during which the Sublessee could not use the premises for their intended purpose due to a defect for which the Sublessee is not liable and which the Sublessee is not required to remedy; if the possibility of use has only been reduced, the Sublessee may reduce the sublease rent accordingly (VÕS § 296 (1)–(2)).
7. INCIDENTAL COSTS
7.1 Incidental costs are included in the rent.
7.2 If the Sublessee pays incidental costs separately, the Sublessor allows the Sublessee, at the Sublessee's request, to examine the documents certifying the incidental costs (VÕS § 292 (2)).
8. SECURITY DEPOSIT
8.1 A security deposit is paid only if its amount is specified in this clause. The Sublessee pays a security deposit of [Security deposit (€)] euros, which is returned upon the termination of the Agreement, taking into account any damage and arrears.
8.2 If the provisions on the lease of dwellings apply to the Agreement, the security deposit may not exceed three months' sublease rent and the Sublessee may pay it in equal instalments over three months (VÕS § 308 (1)); the Sublessor deposits the security deposit with a credit institution separately from its own assets at no less than the local average interest rate, and the interest belongs to the Sublessee (VÕS § 308 (2)). The Sublessee is entitled to demand the return of the security deposit if the Sublessor has not notified the Sublessee of the Sublessor's claim against the Sublessee within two months after the termination of the Agreement (VÕS § 308 (3)).
9. TERM OF THE AGREEMENT
9.1 The sublease relationship begins on [Start of the sublease].
9.2 The Agreement is entered into for a specified term and ends on [End date of the agreement].
9.3 The Agreement in any case ends no later than together with the head lease contract, regardless of what has been agreed in this clause. The sublease contract cannot be extended for longer than the term of the head lease contract (VÕS § 332 (2)).
9.4 The Sublessor notifies the Sublessee without delay of the cancellation of the head lease contract or of any other reason due to which the head lease contract ends, and of the resulting time of termination of the Agreement.
10. TERMINATION OF THE AGREEMENT
10.1 Either Party may cancel the Agreement by giving the other Party at least [Advance notice of cancellation (months)] months' advance notice thereof.
10.2 If the provisions on the lease of dwellings apply to the Agreement, the Sublessor may cancel the Agreement only on a basis provided by law (VÕS § 309 (3)) and with no shorter advance notice than that provided by law (VÕS § 312). In such case, the Sublessor's notice of cancellation must be in a form reproducible in writing and must specify the premises, the date of termination of the Agreement, the basis for the cancellation and the procedure and term for contesting the cancellation (VÕS § 325 (1)–(2)). The Sublessee may contest the cancellation before a rent committee or in court within 30 days after receipt of the notice of cancellation, if the head lease contract has not ended (VÕS § 332 (1), § 326 (1), § 329 (1)).
10.3 Either Party may cancel the Agreement extraordinarily for a good reason (VÕS § 313 (1)). The Sublessor may cancel the Agreement extraordinarily in particular if the Sublessee is in delay with the payment of the sublease rent or a significant part thereof on two consecutive due dates, after granting an additional term of at least 14 days (VÕS § 316 (1) and (3)), or if the Sublessee breaches the obligation to use the premises with care despite a warning, to a significant extent or intentionally (VÕS § 315).
10.4 Upon the termination of the Agreement, the Sublessee returns the premises to the Sublessor in the same condition, taking into account normal wear and tear, and returns all keys. The Sublessee is not liable for normal wear and tear, deterioration and changes of the premises resulting from their use in accordance with the contract, but is liable for other damage unless the Sublessee proves that it occurred in circumstances that did not arise from the Sublessee (VÕS § 334 (2)).
10.5 Upon the return of the premises, the Sublessor inspects them and notifies the Sublessee without delay of any defects for which the Sublessee is liable (VÕS § 336 (1)). If the Sublessee does not return the premises on time, the Sublessor may demand, as compensation for the period of delay, the agreed sublease rent as well as compensation for damage exceeding this (VÕS § 335).
11. HANDOVER
11.1 Upon the handover and return of the premises, the Parties record the condition, the meter readings and the number of keys in a handover and acceptance report. If a report was drawn up upon handover, the premises are presumed to have been handed over in the condition set out in the report (VÕS § 334 (1)).
11.2 The Sublessee notifies the Sublessor without delay of any defect of the premises, any danger to the premises and any right of a third party to the premises that has become known to the Sublessee (VÕS § 282 (1)). The Sublessee tolerates the works necessary for preserving the premises and remedying defects and allows the Sublessor and the Head Landlord to inspect the premises in the cases specified in VÕS § 283 (2), if the Sublessee has been notified thereof in good time (VÕS § 283).
12. FORCE MAJEURE AND NOTICES
12.1 A Party is not liable for breach of the obligations arising from the Agreement if the breach is excusable due to force majeure (VÕS § 103). A Party notifies the other Party of a circumstance of force majeure without delay.
12.2 Notices related to the Agreement that have legal consequences are given in writing or in a form reproducible in writing (including by e-mail) to the e-mail addresses set out in clause 1 or to another address communicated by a Party to the other Party.
12.3 Disputes are resolved through negotiations and, failing agreement, in court or, in the cases provided by law, by a rent committee.
13. LEGAL BASIS
13.1 The Agreement is governed by the law of the Republic of Estonia, in particular the provisions of the Law of Obligations Act on lease contracts (VÕS § 271 et seq.), including the provisions on granting a thing for subsequent use (VÕS § 288) and the provisions on contesting the cancellation of a sublease contract (VÕS § 332). The provisions on the lease of dwellings and business premises do not apply if the subleased dwelling is part of the dwelling used by the Sublessor itself, which the Sublessor has largely furnished (VÕS § 272 (4) 3)).
13.2 Amendments to the Agreement are made in writing or in a form reproducible in writing. The Agreement enters into force once both Parties have signed it, subject to the provisions of clause 3.