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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.
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.
What is one important difference between a sublease and a lease assignment? In an assignment, responsibility for the original lease is transferred completely to the assignee. In a sublease, the original tenant retains primary responsibility for performance of the original lease contract.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
Landlords in California can legally prevent tenants from subletting if it's explicitly stated in the lease agreement. This gives landlords ultimate control over who is living in the rental. Even with such a provision, tenants may still be able to sublet, depending on where in the state they live.
With the sublease clause, the tenant transfers property rights to a subtenant while maintaining liability over the property. This means that if the subtenant doesn't pay their rent, you may be the one responsible for those payments, or you'll be found in default.