Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
Determining If Subletting Is Right For Your Property Weigh the pros and cons of your property, neighborhood, finances, and available tenants. If they're trustworthy and things look good, let them sublet. Tenants with a history of late payments or who have damaged the property are not ideal for subletting.
Subtenants might not adhere to the same standards or rules as the primary tenant, potentially leading to property damage or disturbances. The landlord may also have limited control over evicting subtenants. The process could be more challenging than evicting the primary tenant under the original lease.
A potentially devastating detriment to a sublease is its subject to the original tenant not defaulting. You could be compliant with your sublease and receive notice your lease is terminated because the original tenant defaulted. You could be subject to the landlord's new terms or be forced to vacate.
Building owners dislike competing with their own tenants in their efforts to lease space. As a result, many if not most office leases contain restrictions on subleasing. Among these are: Requirements for landlord consent and approval of the subtenant and the sublease terms.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
Cons of Subleasing Subleasing can get legally tricky. Many lease agreements have strict rules about subletting, often requiring landlord approval. Be sure to look over your lease agreement and have a conversation with your landlord or property manager to avoid disputes and penalties.
Handwritten contracts are legally binding if they meet the necessary conditions that apply to all contracts: mutual agreement, capacity, consideration, and legal validity. There are no legal differences between typed and handwritten agreements when it comes to enforceability.
Given the stakes, it's common for property owners to consider whether they can draft this document themselves. While it is legally possible to write your own commercial lease agreement in Florida, doing so involves careful consideration of legal, business, and practical factors.