Delaware Surface Tenant's Consent and Subordination (to Storage Lease)
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How to fill out Surface Tenant's Consent And Subordination (to Storage Lease)?
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FAQ
Tenants who sublet are known as 'mesne tenants' and act as the landlord to the subtenant. Mesne tenants need to perform right to rent checks on the subtenant, organise the rent collection and any repairs they might reasonably request.
The original renter becomes (legally) a co-tenant to the subletter. In this situation, the original renter is joint and severally liable with the subletter. They become legal co-tenants because it is the landlord who offered the lease to the subletter. The original tenant becomes the landlord to the subletter.
Delaware landlords cannot raise rent during the lease term unless the lease agreement allows for it. Additionally, if the rental property is a mobile home, rent increases are limited to once per year. Landlords must provide 60 days' notice before raising rent, and for mobile homes, a 90-day notice is required.
Most negotiated leases will instead contain a provision requiring that landlord's consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlord's obligation to not unreasonably delay or condition its consent.
A Sublease Clause is defined as a portion of a commercial lease agreement that determines whether or not an existing tenant can sublease space to another tenant.
The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.
Taking time to understand your rights and responsibilities when you sublease can help you to avoid some of the most common pitfalls associated with subleasing space to another tenant. It is important to remember that as the sublessor, you are still on the hook for the contract between the landlord and you.
Use Clauses This clause defines how the tenant can and can't use the property they're leasing. The use clause may be very specific, so it's important that you read its terms carefully.
