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TXR 2116 — Commercial Sublease

Provides a comprehensive sublease agreement for commercial property, governing the relationship between a sublessor (original tenant under the master lease) and a sublessee. The sublease is subordinate to the master lease and incorporates its terms by reference, covering premises, term, rent, security deposit, additional rent and expense reimbursements, utilities and repairs, insurance, use, alterations, move-in and move-out condition, liens, indemnity, default by either party, a contractual lien, assignment, landlord consent, subordination, attorney's fees, representations, brokers and their fees, addenda, notices and special provisions. Signed by the sublessor and sublessee; each initials pages 1–7.

Source: TXR
Form Number: 2116
Category: Other
Revised: July 8, 2022

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2116 form is organized into the following sections:

  1. 1. Parties
    Names the sublessor (original tenant) and sublessee (new occupant) as the parties to the sublease — two lines each on the form.
  2. 2. Subleased Premises
    A. Identifies the subleased space by suite number, square footage, project, street address, city and county, the legal description (an attached exhibit or as written), and the attached schematic / floor plan. B. Links to the master lease by date and Landlord; the master lease is attached.
  3. 3. Term
    Establishes the sublease duration (months and days), start date, and end date, which must fall within the master lease term.
  4. 4. Rent and Expenses
    A. Base monthly rent — on an attached exhibit or in the six-row table (dates from / to, optional monthly and annual rate per rentable square foot, base monthly rent). B. First full month's rent due date. C. Proration. D. Additional rent: (1) all master-lease additional rent / expense reimbursements except those listed, (2) a percentage of Sublessor's pro rata share under listed paragraphs or addenda, (3) other. E. Place of payment. F.–I. method, late charges, returned checks, application of funds (no blanks).
  5. 5. Security Deposit
    Security deposit provisions requiring payment at execution, allowing sublessor to apply it to amounts owed with 10-day restoration requirement, and 60-day refund timeline after surrender.
  6. 6. Utilities, Maintenance, and Repairs
    Assigns utility and maintenance costs to the sublessee based on the master lease obligations, with an exception field. Provides two options for reporting landlord-responsible repair conditions.
  7. 7. Insurance
    Requires sublessee to maintain insurance matching the master lease requirements, naming both sublessor and landlord as additional insureds, with certificates due before the sublease starts.
  8. 8.–10. Use, Alterations, and Access
    Governs property use (must comply with master lease and laws), prohibits alterations without written consent, and allows sublessor reasonable access to the premises.
  9. 11.–12. Move-In and Move-Out Condition
    Premises accepted as-is at move-in. At move-out, sublessee must return premises in original condition (minus normal wear), remove personal property and signs, with fixtures becoming sublessor's property unless removal is required.
  10. 13.–14. Liens and Indemnity
    Prohibits sublessee from creating liens on the property and establishes mutual indemnification for damages caused by either party or their respective associates.
  11. 15. Default
    Defines default events and remedies for both parties. Sublessee gets 10-day cure for non-monetary defaults; sublessor can terminate with 3 days notice. Sublessor defaults trigger sublessee's right to legal remedies or self-help curing.
  12. 16.–19. Lien, Assignment, Subordination, and Attorney's Fees
    Establishes a UCC security interest for sublessor, requires landlord consent as a condition precedent, prohibits assignment without consent, confirms subordination to master lease, and provides for prevailing party attorney's fees.
  13. 20.–21. Representations and Brokers
    20C health/safety conditions Sublessor knows of. 21A the Principal Broker and Cooperating Broker blocks (firm on two lines, agent, address on two lines, phone & fax, e-mail, license number) and whom the Principal Broker represents (the Cooperating Broker represents Sublessee). 21B how each broker's fee is paid.
  14. 22.–24. Addenda, Notices, and Special Provisions
    22 incorporated addenda (the master lease is always incorporated — its box is pre-checked on the form; TXR-2117 Landlord's Consent, TXR-2118 Broker's Fee and any other are checked here). 23 notice addresses: Sublessor at / Address / Attention / Fax, a copy to, and optional e-mail consent; Sublessee at the leased premises and to / Address / Attention / Fax, a copy to, and optional e-mail consent. 24 special provisions.
  15. 25.–26. Agreement of Parties, Effective Date and Signatures
    Standard closing provisions including entire agreement, time is of the essence, counterparts, and effective date (last party to sign). Broker disclaimer advises parties to seek professional advice. Signature block: Sublessor and Sublessee names (two lines each), then two signer blocks per party — "By:" (the signing person or entity), "By (signature):", Printed Name, Title and Date. Signatures and dates are e-sign tabs placed when the document is sent.

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