South Dakota Landlord Tenant Sublease Package

State:
South Dakota
Control #:
SD-P066-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package contains essential legal documents to help you prior to and during the process of subleasing a rental property. It contains documents that are vital for addressing legal issues that may arise between a landlord, tenant and subtenant prior to or as a result of a sublease of a particular property.



The documents in this package include the following:



1) Application for Sublease

2) Letter from Tenant to Landlord -Landlord’s Refusal to Allow Sublease is Unreasonable

3) Letter from Landlord to Tenant- Sublease Granted, Rent Paid by Sub-Tenant, Old Tenant Released from Liability for Rent

4) Letter from Landlord to Tenant-Sublease Granted, Rent Paid by Sub-Tenant, but Tenant Still Liable for Rent and Damages

5) Letter from Tenant to Landlord Containing Request for Permission to Sublease

6) Sublease of an Apartment


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FAQ

To know what rights you have as a subletter, as well as if you're allowed to be there in the first place, make sure to read the original lease between the landlord and the original renter before signing a sublet agreement. Also know that you have the chance to negotiate a rental price with the original renter.

A sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee).Usually, the first tenant must get consent from the landlord before he/she is allowed to sublease the premises.

Subleasing occurs when the tenant transfers a part of their legal tenancy to a third-party as a new tenant.That means that if a new subtenant does not pay rent for three months, the original tenant that subleased the property is liable to the landlord for the overdue rent amount and any late fees.

On your sublease agreement, include a list of various areas of the property (including the subtenant's room, hardwood floors, walls, exterior, etc.) and note its condition. And since you and your subtenant will need to abide by the original lease that you signed, it's important to include this with your sublease.

The names of the parties (the tenant, the subtenant and the landlord); information of the master/original lease; the term of the sublease and whether the sublease is fixed or periodic; and. the amount of rent payable (if different from the master lease).

A subtenant is not a cotenant and does not have a direct relationship with your landlord. As their landlord, you can (and should) require them to pay rent directly to you and evict them if they fail to follow through. This differs from a cotenant, who can be evicted only by your landlord.

If a tenant is subletting without consent, it's likely they will have broken terms in their tenancy agreement. This breach of contract means that the landlord can take action to evict them from their home. Possession proceedings can be started quickly, but it's important to follow the correct legal process.

If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.

Record a liability calculated as the present value of the remaining minimum lease payments due under the original (head) lease, reduced by the present value of any estimated sublease income, Write off the deferred rent from the original lease, and. Record a loss on the income statement for the difference.

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South Dakota Landlord Tenant Sublease Package