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Subletting allows a renter to turn around and lease (or more accurately, sublease) a rental property, commercial or residential, in part or in full, to a subtenant. There are a variety of reasons to do this, including getting someone else to pay the rent in the original tenant's absence, a change of mind after signing a lease, or even for profit.
Unfortunately, subletting is often prohibited in the original lease agreement. In this case, a tenant can attempt to request a Consent to Sublease from the landlord.
As many residential and commercial lease agreements in the U.S. prohibit subletting, a tenant will have to obtain a Consent to Sublease from the landlord if they want to sublet or sublease part or all of the rental property legally.
The Consent to Sublease will usually contain a disclaimer in which the landlord consents to the original tenant's subletting in exchange for the original tenant being liable for any damage caused by the subtenant.
Depending on your state, a Consent to Sublease may also be known as:
A tenant or a landlord could need a Consent to Sublease if they both agree that subletting should be allowed at a rental property.
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Your Consent to Sublease should contain all terms the landlord and tenant agree upon in addition to those in the sublease agreement. It also has to stay within the bounds of the rules and regulations of the landlord-tenant relationship for the state and county.
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The landlord is the only person who must sign the Consent to Sublease. Although not mandatory, the tenant and subtenant can also sign it for acknowledgment purposes. Like the lease agreement, it does not require notarization or filing with any government body.
After you have generated your Consent to Sublease on 360 Legal Forms, download it and print a copy for the landlord to sign. The landlord, tenant, and subtenant should each retain a copy for their own records.
As a tenant, you need legal consent because your lease agreement likely forbids subletting. As to why you might want to sublet, it could be for profit or cost-sharing purposes. It could be because the landlord would not let you out of the original lease agreement, which is particularly likely with long-running commercial leases. Subletting may be the only way for you to continue to meet the terms of the lease agreement.
The term "tenant" is the party opposite the landlord in a lease agreement. An occupant is anyone with a presence in the rental property. A tenant can be an occupant, but an occupant is not necessarily a tenant.
Getting a Consent to Sublease from the landlord is the first order of business. In terms of subtenant selection, it is not any different than you putting yourself in the shoes of the landlord. The main difference is that, in this case, the landlord is covered either way. As the original tenant who holds the master lease, you are responsible for the rent and property damage if your subtenant turns out to be a deadbeat.
Unlike a Sublease Agreement, an Assignment of Lease Agreement transfers all rights and responsibilities of the original lease agreement to the new tenant, unless otherwise specified. With the assignment, the new tenant assumes the lease in its entirety, discharging the original tenant of all responsibilities. The assignment is always for the whole property, while a sublease can be in whole or in part.
It is up to the arrangement that the tenant has with the subtenant. Whatever happens, the landlord wants to be paid and will likely make this a condition for granting the consent. If you, as the original tenant, don't want the landlord's consent rescinded, you will want to arrange things as best you can, including getting the subtenant to pay the landlord directly if it is the best approach.
Generally, a sublease consent does not need to be notarized – the signatures alone make it legally enforceable. An impartial witness may be helpful in the event the signatures on the agreement are ever challenged, but a notary is not necessary.
Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.
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