This Surrender of SubLease (“Agreement”) dated ______________, by and between _______________(“Tenant”) and _____________ (“SubTenant”).

Whereas by a lease (“Lease”) dated ________, and premises described in the attached Exhibit 1 (“Leased Premises”) for a term __________ years upon and subject to the terms and conditions contained in the Lease; and,

Subject to the provisions hereinafter contained, the rents reserved and contained in the Lease have been completely paid, and the parties have agreed that the SubTenant has surrendered the Leased Premises and the Lease to the Tenant as of ___________, (“Termination Date”) in order that the estate, term and interest of the SubTenant therein may merge and be extinguished upon the terms hereinafter contained.

Therefore in consideration of the premises and the terms and conditions hereinafter set forth, other good and valuable consideration and the sum of one dollar now paid by each party to the other (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows:

1. The parties acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact.

2. SubTenant surrenders to Tenant, as of Termination Date, Leased Premises and Lease and all rights hereunder to the intent that the unexpired residue of the term of Lease and any renewals shall be merged and extinguished in the reversion, and SubTenant hereby releases in favor of Tenant, as of Termination Date, all of its right, title and interest in and to Leased Premises and Lease.

3. From and after Termination Date (but, for greater certainty, not before such date), each party releases, remises and forever discharges the other from the performance of all covenants contained in Lease and the obligation for all claims hereunder thereafter arising and the parties agree that as and from such date (but, for greater certainty, not before such date), Lease shall be of no further force and effect and the parties shall be relieved of all further liability and obligation under Lease.

4. Each party represents and warrants with the other that it has the good right, full power and authority to assign and surrender Leased Premises and Lease in the manner aforesaid, and that, as of Termination Date, none of the parties shall have executed any other instruments, deeds, or other documents pursuant to which Lease and the unexpired residue of the term thereof, shall in any way be charged, encumbered, assigned, or otherwise transferred.

5. Each party agrees with the other that it will, at all times hereafter, upon the reasonable request of any of the other parties, execute all such further documents in respect of the surrender of Leased Premises and the lease as may be required to give effect to this Agreement.

6. This Agreement shall inure to the benefit and be binding upon the parties hereto, their respective successors and assigns.

In witness whereof, the parties hereto have duly executed this Agreement as of the date first above written.

________________ _________________
Tenant SubTenant

________________
Witness

Enc. Exhibit 1: Description of Leased Premises
Exhibit 1: Description of Leased Premises

Surrender of SubLease and Premises by SubTenant
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This document finalizes an old Tenant/SubTenant/Lease situation and extinguishes the liabilities between the parties. It is not always done but is a helpful form of legal well care.

1. Keep signed copies with the original Lease it relates to. This is normally your last legal dealing with the Lease in question so you can put these final papers in permanent storage, as a rule, after this document is completed and signed off on by both parties. If you are the Tenant, this document may have some value for a New SubTenant in this space. Otherwise, it is rarely used in an active capacity after signature.

Dear ____________:

My lease for ____________________ ends on _______________. When the lease started, I paid you $_______ as a security deposit. I request that a full refund of the security deposit be mailed to the following address: _____________________________ ___________________________________________.

Thank you for all your helpfulness during my tenancy. If you can do it, I would appreciate receiving my Security Deposit back within the next two weeks. If any portion of the security deposit is not returned, please send a written explanation detailing your reasons.

Thank you again for your help,

Best regards,

____________
Tenant

Security Deposit Refund, Request by Tenant
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. Early submission of your request, and politely done (this is a Sales call, after all), will give you the best results. Keep a copy so you can mail it out in two weeks, with a notation “Second Notice” in handwriting, will help encourage compliance by the Landlord. Many Landlords try to “get away” with not paying Security Deposits back, especially if they only own a few units.

If the Landlord does not pay up in a reasonable amount of time, file a claim in Small Claims Court. Landlords usually lose on these kinds of issues plus get admonished by the Judge. So filing these claims can often result in a payment prior to any court appearance being necessary. In other words, your filing in Small Claims Court will leverage compliance by the Landlord.

Also, if the Landlord has tried to make unreasonable deductions, the act of filing in Small Claims Court will soften their approach to the deductions, knowing they will lose most of them if they go to court—given most small claim courts biases in favor of Tenants over Landlords.

In anticipation of entering into a lease with _______________ (“Landlord”), the Landlord and I, ______________ (“Tenant”), have each examined the premises and each agrees that the specific items are in good, clean and sanitary order, and in good condition and repair, unless noted to the contrary in this checklist.

If Landlord and Tenant do, in fact, enter into a Lease Agreement, then at the end of the lease term, Tenant agrees to return the premises in a condition that matches the condition of the premises at the beginning of the lease term, as reflected in this checklist, except for such deterioration that might result from normal use of the premises and furnishings.

As part of the consideration for the rental of the premises, Tenant voluntarily assumes the risk of any defects in the premises either known, or that should have been known to Tenant in the exercise of ordinary care at the beginning of the lease term, unless Tenant gives written notice to Landlord to correct the defects, prior to entering into Lease Agreement.

Kitchen: ____________ (OK or Not).

Floors clean
Carpet
Sink
Stopper
Strainer
Countertops
Cabinets
Exhaust fan works
Dishwasher
Refrigerator
Trays and Shelves
Freezer
Microwave
Trash Compactor
Range
Pans/racks
Light switches
Bulbs
Windows
Screens
Drapes, curtains, blinds
Door
Locks
Latches
Surfaces
Walls
Ceiling
Smoke detector
Fire sprinkler, extinguisher
Dining Room: ____________.
Floors
Carpets
Lights
Windows
Screens
Walls
Ceiling
Drapes
Blinds
Shades
Doors
Locks
Latches
Surfaces
Fireplace
Flue clean
Ceiling fan
Smoke detector
Bookshelves
Light Switches

Living Room: ___________.

Floors
Carpets
Lights
Windows
Screens
Walls
Ceiling
Drapes
Blinds
Shades
Doors
Locks
Latches
Surfaces
Doorstops
Fireplace
Flue clean
Ceiling fan
Smoke detector
Bookshelves
Light Switches

Bathroom 1: _________.

Toilet
Faucets
Sink
Stopper
Mirrors
Towel bars
Shower curtain rod
Shower curtain
Shower enclosure
Cabinet
Tile
Tile grouting
Tub caulking
Tub chips
Bulbs
Light Switches
Vent fan
Floors
Walls
Ceiling
Windows
Screens
Curtains
Blinds
Shades
Doors
Locks
Latches
Surfaces

Bathroom 2 __________.
Make Second column and comment accordingly.

Bedroom 1: ___________.

Walls
Floors
Carpets
Ceiling
Lights
Light Switches
Windows
Screens
Curtains
Blinds
Shades
Doors
Locks
Latches
Surfaces
Closets
Smoke alarm

Bedroom 2 or more: _______.
Make extra columns and comment accordingly.

Hall: _____________.

Floor
Walls
Stairway
Closets
Ceiling
Light switches
Bulbs
Windows
Doors
Locks
Latches
Surfaces
Smoke alarm

Hall 2: ________.
Make another column and comment accordingly.

Other rooms or locations:

Comments:

Tenant acknowledges that the smoke detector was tested in the Tenant’s presence and operated properly and its operation was explained to Tenant. Tenant agrees to test, and be responsible for testing, the detector at least once every three months and to report any problems to Landlord in writing. If the detector is battery operated, Tenant agrees to replace the battery as necessary with a new alkaline battery (unless applicable laws require otherwise).

_______________ ______________
Tenant Landlord

Landlord and Tenant acknowledge that they have each read this checklist and agree that the condition and contents of the above-mentioned rental dwelling are, without exception, as represented in this checklist. Tenant understands that Tenant is liable for any damage done to this dwelling as outlined in the Lease Agreement. Both parties acknowledge receiving a copy of this checklist.
_______________ ______________
Tenant Landlord
Date:

Tenant’s Pre-inspection List
Review List

This review list is provided to inform you about the document in question and assist you in its preparation. This list protects the Tenant from charges against his or her security deposit in the future. This list protects the Landlord by alerting him or her to excessive pickiness or concerns of Tenant. If the Tenant does not generally accept the appearance and condition of the location, then Landlord is better off selecting another Tenant who will be satisfied with the general condition of the location. As always, most properties rent at rates equal to the condition of the premises. If a Tenant is unduly picky about the property, this indicates Tenant and Landlord have not had a meeting of the minds about the rent for the actual property. As with most business transactions, those that start hard usually end hard. So, if this process starts hard, then the Landlord is advised to let the Tenant be discouraged and encourage them to withdraw from possible tenancy (comments to the effect, “This clearly doesn’t meet your standards,” and so on and so on).

1. Be sure to get each party to initial each page and sign the last one. Both parties should keep originals in case of any dispute in the future. Keep this record with the others for the location and/or Tenant or Landlord.