Oregon Supplemental Agreement Granting Consent to Sublessee Regarding Use of Leased Property
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How to fill out Supplemental Agreement Granting Consent To Sublessee Regarding Use Of Leased Property?
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FAQ
The Bottom Line: According to Oregon Property Law, you must obtain written approval from your landlord prior to subletting. After obtaining approval, then you, the sublesee, and the landlord must sign a written agreement, which ensures that the sublessee follows all lease terms.
Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
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 OF THE PREMISES Section 108(B) (j) of the Act, provides that the lessee may sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it.
The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant. To do this, you will need to find a potential new tenant yourself.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
In Oregon you are legally barred from subletting your space to anyone for more than three days unless you, your landlord and your subtenant enter into a written sublet agreement. The law even tells you what to include in a sublet agreement: A provision that requires your subtenant to pay rent directly to the landlord.
After a lease is created, the lessor cannot reserve to himself any share in the right of possession. The words 'transfer of a right to use the property' indicates that all rights of ownership are not transferred. A lease can be effected from year to year or can be for more than a year.
The difference between renting and subletting is whose name is on the lease. Renting allows you to deal directly with the landlord in case issues come up that you need help with. Subletting takes that option off the table and you must deal with the tenant that you sublet through.
If the lease is silent on assignments, the tenant is free to assign without the landlord's consent.