Landlord's Consent to Sublease FAQ - Canada


A Landlord's Consent to Sublease is used where an original tenant is subleasing certain premises to a new tenant and the original tenant wants evidence of the Landlord's consent to the sublease.
Definitions
What is the difference between an assignment and a sublease?

A sublease transfers only some of the Tenant's rights to a third party by leasing the property to the third party for a portion of the Tenant's original lease term, or it only transfers a portion of the space rented in the Original Lease. A lease assignment transfers all of the rights that a Tenant had under the Original Lease to a third party for the remainder of the lease term. In other words, a lease assignment transfers all of the Tenant's rights to the third party, while a sublease transfers only a portion of the Tenant's rights to the third party.

Who is the Landlord?

The Landlord is the person who has title to the property which has been leased to the Tenant by the Original Lease between the Landlord and the Tenant.

What is the Original Lease?

This is the lease that the Tenant and Landlord originally entered into, from which the Subtenant's leasehold interest will be created.

Who is the Subtenant?

The Subtenant is the person who is entering into a lease for some or all of the Landlord's property that has been leased to the Sublandlord.

Who is the Tenant?

The Tenant (or sublandlord) is the person who has leased the property from the Landlord, and who now wishes to sublease the property to the Subtenant.


Consent to Sublease Details
Can I sublease the property without the Landlord's consent?

Unless the Landlord expressly consented to subleasing in the terms of the Original Lease, the Tenant cannot sublease the Landlord's property without the Landlord's consent. Most leases require that the Tenant obtain the Landlord's prior written consent.

Can the Tenant sublease a portion of the property rather than the entire property?

Yes, the Tenant can sublease a part or all of the leased premises to the Subtenant.

What additional purposes can the Subtenant make of the property?

The Tenant can only authorize the Subtenant to use the property for purposes that have been approved by the Landlord. Before allowing the Subtenant to use the property for additional purposes that are not stated in the Original Lease, the Tenant must obtain the consent of the Landlord.

Who should the rent be paid to?

The Tenant can choose whether to receive the rent from the Subtenant and pass it on to the Landlord, or the Tenant can elect to have the Subtenant pay rent directly to the Landlord.

I do not know when the Consent will be signed. Can I fill in the date later?

Yes, by selecting 'Unsure' as the date the consent will be signed, a blank line will be inserted into the contract so that you can add the correct date after printing the document.

Who should sign the consent form?

The Landlord must sign the consent, but it is advised that the Tenant (Sublandlord) and Subtenant should also provide an acknowledgment.


 

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