Hawaii Sublease Agreement With Sublease Clause

State:
Hawaii
Control #:
HI-831LT
Format:
Word; 
Rich Text
Instant download

Description

This Application for Sublease is a potential Sub-Tenant's application to Landlord for Sub-Lease. Contains information relevant to Landlord's decision to grant or deny Sub-Lease. If granted, Sub-Tenant becomes responsible for rent and complying with terms of lease agreement.


The right of a tenant to sublet largely depends upon the terms of the original lease. If the lease is silent regarding the rights of the lessee to sublease, it is generally accepted that the tenant may sublease. However, if the terms of the original lease state that the premises may not be sublet by the tenant, then of course the tenant may not. The difficult situations occur when the original lease states that the premises may be sublet subject to approval by the lessor. It is advisable that the parties state in advance under what conditions the landlord may withhold his or her consent. Otherwise, the provision will be interpreted by the courts under the standard of "reasonableness".

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FAQ

If the agreement allows the tenant to sublease it, the tenant can sub lease portion of property to third party. When a tenant whose name is on the lease rents a room, a portion of the property, or all of the property to another, it is referred to as subleasing (or subletting).

The Bottom Line: According to the law in Hawaii, you are allowed to sublet as long as your lease does not prohibit it. You should always obtain written approval from your landlord prior to subletting.

A sublease can be for less than all of the leased premises, while an assignment that transfers the entire lease must be for all of the premises. A sublease is a more involved transaction, as it requires a full sublease document between the commercial tenant as sublessor and the sublessee.

Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.

How to Sublet an Apartment (7 steps)Step 1 Find the Original Lease.Step 2 Determine the Monthly Rent.Step 3 List the Property.Step 4 Show the Property.Step 5 Screen the SubLessee.Step 6 Add Disclosures and Addendums.Step 7 Sign the Sublease.

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Hawaii Sublease Agreement With Sublease Clause