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The landlord cannot refuse the assignment or sublet unless there is a good reason, such as the proposed tenant's inability to pay the rent or problematic behavior of this tenant. This is the case no matter what your lease or the building rules say.
Each state has different laws regarding subtenancy, with most landlords prohibiting subletting a property without prior permission. If subletting occurs without the landlord's knowledge, that landlord has the right to serve a three-day notice of eviction to both the tenant and the sublessor.
A sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee).Usually, the first tenant must get consent from the landlord before he/she is allowed to sublease the premises.
A commercial sublease is an agreement between a tenant currently leasing a property, a new tenant looking for space, and the property owner. When you sublease your space you are the sublessor (or sublandlord) and your new tenant is the sublessee (or subtenant).
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Writing Your Sublease. State the name of the parties and the date of the contract. Identify the full names of each party and what their role is in the contract. The original leaseholder of the property is the Tenant and the person subletting the property is the Subtenant.
Your roommate is not required to get your consent for a sublease unless your lease agreement explicitly states that they have to. There are no laws that prevent your roommate from subletting without your consent.
If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.
The Bottom Line: The Utah Tenant's Rights Act does not explicitly permit nor prohibit sublets, so you must follow the terms of your lease. If your lease prohibits sublets, then sadly, you aren't allowed to sublet. You should always obtain written approval from your landlord prior to subletting.