Massachusetts Sublease of a Portion of Master Premises with Consent of Lessor

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A sublease is a lease of all or part of a leased property. A sublessee is someone who has the right to use and occupy rental property leased by a lessee from a lessor. A sublessee has responsibilities to both the lessor and the sublessor. A sublessor must often get the consent of the lessor before subletting rental property to a sublessee. The sublessor still remains responsible for the payment of rent to the lessor and any damages to the property caused by the sublessee.
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FAQ

A sublease consent form allows a current tenant under a lease to document a landlord's approval of subletting the property the tenant is renting to a subtenant.

Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In Massachusetts, subleasing is only allowed if the landlord consents.

It carries a maximum penalty of 6 months, a fine and an Unlawful Profit Order (UPO). The second more serious offence requires dishonesty. It can be heard in either the Magistrates or Crown Court. The maximum penalty is 2 years imprisonment, a fine and a UPO.

Sub leasing with the consent of the Landlord is legal in India. If the agreement allows the tenant to sublease it, the tenant can sub lease portion of property to third party.

Landlords should not charge sublet fees unless it is expressed in the lease agreement. As a tenant, you have rights that you can legally enforce. If your landlord is charging you sublet fees contrary to your lease agreement, speak to a landlord-tenant attorney to get legal help.

In some circumstances it's acceptable to sublet a property, but tenants need their landlord's permission. Landlords can take legal action against tenants if they sublet their property unlawfully. Unlawful subletting includes if a tenant: sublets all or part of the property without written permission.

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.

Yes, provided he is not restricted to do so by the Contract of Lease. The law says: When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.

The Bottom Line: According to Massachusetts law, you are allowed to sublet as long as your obtain written approval from your landlord. However, if your lease says no sublets, that means no sublets.

The most common clause requires the leaseholder to obtain the freeholders consent to subletting (a qualified covenant). The clause may require the leaseholder to provide a copy of the tenancy agreement and covenants to be entered directly with the freeholder.

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Massachusetts Sublease of a Portion of Master Premises with Consent of Lessor