Free Landlord's Consent to Sublease

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Landlord's Consent to Sublease

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Your Landlord's Consent to Sublease

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LANDLORD'S CONSENT TO SUBLEASE

THIS CONSENT TO SUBLEASE (the "Consent") dated this ________ day of ________________, ________

BETWEEN:

_________________________ (the "Landlord")

AND

_________________________ (the "Tenant")

AND

_________________________ (the "Subtenant")

  1. BACKGROUND
  2. The Tenant entered into a lease (the "Lease") with the Landlord on September 24, 2020 with respect to the following premises (the "Premises"): __________.
  3. The Tenant wishes to sublease (the "Sublease") to the Subtenant all of the Premises (the "Subleased Premises") from September 24, 2020 until September 24, 2020 (the "Subleased Term").
  4. The Subtenant is willing to undertake the obligations for the Subleased Premises for the Subleased Term.

IN CONSIDERATION OF the Landlord consenting to the Sublease, the Tenant transferring all of the Tenant's rights under the Master Lease, and the Subtenant agreeing to fulfill all of the obligations of the Tenant under the Master Lease, the parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. USE OF PREMISES
  2. Except as otherwise provided in this Consent, the Subtenant and the agents and employees of the Subtenant will only use the Subleased Premises for a purpose consistent with the permitted use allowed in the Lease. Further, the Subtenant agrees to comply with all other applicable provisions of the Lease, and will not do anything that would constitute a violation of any part or condition of the Lease.

  3. The Landlord consents to the Sublease and the transactions contemplated by that Sublease.

  4. The Landlord's consent to the Sublease will not be deemed to be a consent to (a) the terms of the Sublease, (b) any further subleasing of the Subleased Premises, (c) any subleasing of any other portion of the Subleased Premises, or (d) the subleasing of any portion of the Subleased Premises to any other subtenant or on any other or different terms than those stated in the Sublease. The Tenant will provide the Landlord with a fully executed copy of the Sublease promptly after execution.

  5. CONTINUING LIABILITY
  6. The Tenant acknowledges that: (a) the Tenant will remain primarily liable for, and will not be released from the full and faithful performance of all of the terms and conditions of the Lease, notwithstanding the existence of, and Landlord's consent to, the Sublease, or any breach committed by the Subtenant under the Sublease; and (b) the Landlord will be entitled to pursue all remedies available in the event of the Tenant's breach of the Lease without regard to the performance or non-performance of the terms of the Sublease by the Subtenant.

  7. ASSUMPTION BY SUBTENANT
  8. The Subtenant agrees to assume all of the applicable obligations and responsibilities of the Tenant under the Lease with respect to the Subleased Premises starting from September 24, 2020 until September 24, 2020.

  9. BINDING EFFECT
  10. This Consent will be binding on the Landlord, and will inure to the benefit of the Tenant, the Subtenant and their respective heirs, executors, administrators and successors in interest and assigns.

  11. ASSIGNMENT AND SUBLETTING
  12. The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of both the Tenant and the Landlord.

  13. NOTICES
  14. The Landlord agrees that a copy of all notices of default under the Lease sent to the Tenant will also be sent to the Subtenant at the address of the Subleased Premises. To the extent that such default was not caused by the Subtenant, the Subtenant will have the right to cure such defaults as may be granted to the Tenant under the Lease.

  15. TERMINATION OF THE LEASE
  16. If, at any time prior to the expiration of the Sublease, the Lease will terminate or be terminated for any reason, the Sublease will also simultaneously terminate. However, if the Subtenant agrees, at the election and upon written demand of the Landlord, to attorn to the Landlord upon the terms and conditions set out in the Sublease for the remainder of the term of the Sublease, termination of the Lease will not similarly terminate the Sublease.

  17. GENERAL PROVISIONS

  18. In the event of any legal action concerning this Consent, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.

  19. This Consent will not be valid and binding on the Landlord, Tenant and Subtenant unless and until it has been completely executed by all of the parties.

IN WITNESS WHEREOF the Tenant, the Subtenant and the Landlord have duly affixed their signatures under hand and seal on this  ________ day of ________________, ________.

Landlord:


__________________________
_________________________

Tenant:


__________________________
_________________________

Subtenant:


__________________________
_________________________

Landlord's Consent to Sublease Information

What is a Landlord's Consent to Sublease?

Landlords can sign a Consent to Sublease form to give tenants official permission to sublease their rental unit. When subleasing, a tenant transfers some of their rights under a lease to a third party. In most cases, a tenant must have their landlord's approval before entering into a sublease agreement.

How does subleasing work?

A sublease contract, also known as a sublet contract, allows an original tenant of a rental property to become a sublandlord and rent out a portion (or all) of the property to a new tenant, known as the subtenant. In this agreement, the original tenant retains their obligations to the landlord in addition to being liable for damages or lease violations caused by the subtenant. Often, the sublandlord collects rent from the subtenant and forwards payments to the landlord.

LawDepot offers a sublease agreement for both residential and commercial properties. With a sublease agreement, you can clarify the responsibilities and expectations of all three parties in a sublease (the landlord, sublandlord, and subtenant). Planning ahead with a sublease agreement can prevent future misunderstandings over payment details, maintenance duties, and liabilities.

Can a tenant sublet without permission?

In general, most landlords require their tenants to obtain written consent prior to subleasing. Often, lease agreements include clauses regarding subleasing, so tenants should refer to their original contract before entering into a sublease agreement.

In addition to consulting their lease, tenants should also review state or municipal laws that govern subleases. In some jurisdictions, a tenant may be able to sublet without permission. However, asking for permission helps tenants maintain a positive relationship with their landlord.

If a tenant sublets without their landlord's permission, and their lease agreement prohibits subleasing, the landlord may notify the tenant of a lease violation. In this case, it's possible that the landlord would consider the subtenant an unauthorized occupant and may begin taking steps towards eviction.

What's the difference between a tenant and an occupant?

Although a tenant and an occupant may both reside in a rental property, only the tenant signs the lease agreement and is legally bound to its terms. In contrast, an occupant might be listed on the lease but isn't directly liable for rent payments or lease violations. For example, a tenant might name their minor child as an occupant on their lease.

Typically, landlords require permission for an occupant to reside in their property. If a tenant sublets their property without the landlord's consent, the landlord could consider the subtenant an unauthorized occupant and take steps towards removing or evicting the person.

How do you protect yourself when subletting?

There are several steps that a sublandlord can take to protect themselves when subletting:

  1. Obtain a Landlord's Consent to Sublease to ensure the subletting process is legitimate.
  2. Use a Rental Application to screen potential new tenants.
  3. Sign a Sublease Agreement with the subtenant to clarify each party's rights and obligations.

By obtaining written contracts, sublandlords create an official record of the agreed upon terms between them, their landlord, and their subtenant to prevent disputes in the future. Plus, taking the time to properly screen applicants helps guarantee a reliable tenant that both the landlord and the sublandlord can trust.

Related Documents:

Frequently Asked Questions:

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