Landlord Consent to Sublease

What is a consent to sublease agreement?

A consent to sublease agreement is a powerful legal tool that allows a tenant to rent out their leased property to another party with the landlord’s approval. This agreement is an essential document when a tenant wishes to transfer usage and possession of a leased property to another party. Thus, the present agreement functions as a safeguard for all parties. It not only prevents potential disputes but also creates a clear road map and ensures compliance with the original lease and state legislation.

A consent to sublease represents a mutual understanding regarding the terms and conditions of the sublease and includes the following key elements:

• details of the parties involved;
• details of the subleased property;
• rules of the sublease;
• payment terms;
• details of the master lease;
• grounds for termination;
• applicable laws.

The parties involved in a consent to sublease sample are a landlord, tenant, and subtenant. That means that both parties have to sign this agreement. A landlord is a property owner or a property management company. A tenant is a person who currently rents a property from a landlord and is willing to further sublease it. A subtenant is a person who wants to rent out a property from a tenant. Either party could be an individual, organization, or business.

This consent to sublease agreement is suitable for various types of rental agreements, including:

• residential lease agreements (e.g., apartment, house);
• commercial lease agreements (e.g., office, warehouse);
• short-term rental contracts (e.g., vacation homes, Airbnb premises);
• farm lease agreements.

How to draft a consent to sublease template?

Crafting a consent to sublease template is a difficult task that requires a lot of attention to the details. Inclusion of certain components and key clauses is essential to ensure the final document’s validity and enforceability. Below we made a short free guide of things you must include in a landlord consent to sublease:

Details of the Master Lease

The text of every landlord consent to sublease must reference the original lease, also known as a master lease. An original lease is a lease contract signed between a tenant and a landlord. The reference should include not only the contract’s name but also the date of its signing.

Apart from that, a consent to sublease agreement shall define the dependency of a sublease agreement on a master lease. It basically means the following:

The provisions of a sublease contract cannot directly contradict or override provisions of a master lease, in particular:

• The duration of the sublease cannot be longer than the duration of the original lease.
• The sublease cannot be prolonged for a period exceeding the original lease’s duration.
• If the original lease expires earlier, the sublease expires on the same date and time as well.
• If a subtenant makes damage to a property, a tenant under the original lease shall remain liable for such damage.

Payment Terms

The text of a consent to sublease sample must also include information about the payment terms. In particular, how much, when, and how a subtenant has to pay for the leased premises. Parties may pick up either of the payment models listed below:

• weekly, monthly, or quarterly fee (the payment model under a sublease contract shall not necessarily be the same as under a master lease);
• acceptable payment methods; and
• payment deadlines (e.g., by Monday every week).

Apart from that, a subtenant is required to pay a security deposit at the beginning of the sublease. The sum of a security deposit is used to cover any damages made to a leased property. A landlord should keep a security deposit, and such a deposit is refundable upon the end of the sublease. There is no maximum cap for a security deposit in commercial sublease agreements. However, most states have a maximum cap for security deposits provided under residential leases. For example, in California, the amount of a security deposit cannot be more than two months’ rental payments.

Parties’ Details

The text of a consent to sublease template must include the identification and contact details of the landlord, tenant, and subtenant. Those details include:

• full name;
• mailing or corresponding address;
• contact email address or phone number.

The parties named in the preamble of this agreement should sign and seal (applicable for companies) the consent to sublease. Without putting a signature, the document cannot become valid.

Details of the Property

The text of every consent to sublease form must define the details of a property that is being given into the lease, including:

• full address and state;
• property’s description (e.g., size, internal structure);
• whether the property is leased in full or only a certain part).

If a landlord insists so, a subtenant might be required to get additional insurance to cover themselves against the risk of a property’s damage or destruction.

The parties to a sublease agreement cannot select a state the laws of which should govern the provision of a sublease contract. The state laws that govern a master lease should automatically apply to the sublease.

How to customize a consent to sublease document at FasterDraft?

To get a fully customized legal document, follow the instructions given below:

1. Click the ‘Create Document’ button.
2. Answer simple questions in the form.
3. Select a template’s format—consent to sublease PDF or Word.
4. Make a payment.
5. Download, sign, and use the ready-made document.