Leases Sublease Definition

What is a sublease? A sublease is simply a situation where a tenant or lessee has granted a lease of part or all of leased premises to another person, but with the original tenant retaining some right or interest under the original lease.

Must a landlord grant a tenant permission to sublease?

The right of a tenant to sublet largely depends upon the terms of the original lease. If the lease is silent regarding the rights of the lessee to sublease, it is generally accepted that the tenant may sublease. However, if the terms of the original lease state that the premises may not be sublet by the tenant, then of course the tenant may not. The difficult situations occur when the original lease states that the premises may be sublet subject to approval by the lessor. It is advisable that the parties state in advance under what conditions the landlord may withhold his or her consent. Otherwise, the provision will be interpreted by the courts under the standard of "reasonableness".

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