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Grant written permission for a tenant to sublease.

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What's a landlord consent to sublease?

In most lease agreements, a tenant is not allowed to sublease their interest in real estate without prior written consent of their landlord. In the case where the landlord is willing to allow a sublease, it is important to have all the information detailed in a landlord's consent to sublease.

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Here's the info you'll need to have handy to complete your doc:

  • Who the tenant is

    Have their name and contact info ready.

  • Who the landlord is

    Have their information available, too.

  • Location

    Know the address of the rental property.

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Sample landlord consent to sublease

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This consent to sublease is between , an individuala(n) (the "Landlord") and  , an individual a(n) (the "Tenant"). 

RECITALS

The Landlord is the owner and landlord of the certain residential real estate located at , , ,  (the "Property").

The Landlord, as lessor, and the Tenant, as lessee, entered into a lease agreement covering the Property, a copy of which is attached as Exhibit A (the "Lease"). 

The Tenant wishes to sublease alla portion of its rights and obligations as lessee under the Lease to (the "New Tenant"), and the New Tenant wishes to accept the sublease of the Lease and assume these obligations on the terms set forth in this consent.

The parties therefore agree as follows:

1. CONSENT TO SUBLEASE.

The Landlord hereby consents to the Tenant's sublease of the Lease to the New Tenant on the terms of the sublease of the Lease, a copy of which is attached as Exhibit B (the "Sublease"). The Landlord's consent to the sublease does not constitute consent to any subsequent subleases or assignments of the Property. The Tenant shall provide the Landlord with a fully executed copy of the Sublease promptly after it is signed.

2. CONTINUING LIABILITY OF TENANT.

The Tenant acknowledges that:

  • (a) it remains primarily liable for, and is not released from, the performance of all terms of the Lease, notwithstanding the Landlord's consent to the Sublease or any breach committed by the New Tenant under the Sublease; and
  • (b) the Landlord may pursue any remedies available if the Tenant breaches the Lease, without regard to the performance by the New Tenant of the terms of the Sublease.

3. CONTINUING EFFECTIVENESS OF LEASE.

All other terms of the Lease remain in full force and effect, including the prohibition against further assignments and subleases without the Landlord's express written consent.

4. MONTHLY BASIC RENT.

The rent due from the New Tenant under the Sublease is not greater than the rent due from the Tenant under the Lease.

5. SUBLEASE SUBORDINATE TO LEASE; CONSENT.

The Sublease is subject and subordinate to the Lease and this consent. Neither the Tenant nor the New Tenant may do or permit anything to be done in connection with the Sublease or the New Tenant's occupancy of the Property that would violate the Lease or this consent.

6. CHOICE OF LAW.

  • (a) Choice of Law. The laws of the state of  govern this agreement (without giving effect to its conflicts of law principles).
  • (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

7. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this consent in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This consent, agreements ancillary to this consent, and related documents entered into in connection with this consent are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature. 


Date: _________________

By:__________________________________________
Name:
Title: 
Date: _________________ By:__________________________________________
Name: 
Title:





[PAGE BREAK HERE]

EXHIBIT A
Attach copy of Lease



[PAGE BREAK HERE]

EXHIBIT B
Attach copy of Sublease