South Dakota Landlord Consent to Sublease Restrictive Covenant in Favor of Tenant

State:
Multi-State
Control #:
US-OL30042B
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the landlord, tenant and sublessee agree, subject to certain conditions, to the use of the premises. Subject to the conditions, they covenant and agree that during the term of the sublease (as that term may sooner expire or terminate pursuant to the terms thereof) to use the premises as agreed.

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FAQ

Sublessee agrees that no amendment or modification of the Sublease shall be valid or enforceable unless and until the Lessor has specifically consented to such amendment or modification in writing, in each and every instance. Consent to Sublease.

Landlord's consent Unless the lease says otherwise, the landlord will have an absolute right to refuse consent and need not give reasons for its refusal. However, most commercial leases will provide that the landlord's consent is not to be unreasonably withheld.

Yes, South Dakota is a landlord-friendly state. With no limits on rent or late fees and no time requirement to make repairs, South Dakota is one of the more landlord-friendly states.

A South Dakota 30 Day Notice to Vacate is an official lease termination letter written to terminate a rental agreement, including a month-to-month or year-to-year lease. The letter is provided to either party at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.

The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.

Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.

Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.

Whenever consent or approval of either party is required, that party shall not unreasonably withhold, condition or delay such consent or approval, except as may be expressly set forth to the contrary.

Protect yourself against lost rent and damages by collecting a security deposit and/or the first month's rent from your subtenant. Establish a convenient process for the subtenant to make monthly rent payments, ideally through automatic payments. Ensure that you can transfer these payments to your landlord promptly.

The subtenant rents from the tenant, and the tenant rents from the landlord. South Dakota landlord-tenant law currently does not specifically address subletting. If subletting is not prohibited in your existing lease agreement, it is best to ask the landlord for permission before subletting.

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South Dakota Landlord Consent to Sublease Restrictive Covenant in Favor of Tenant