Free Landlord's Consent to Sublease

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Landlord's Consent to Sublease

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LANDLORD'S CONSENT TO SUBLEASE

THIS CONSENT TO SUBLEASE (the "Consent") dated this ________ day of ________________, ________

BETWEEN:

_________________________ (the "Landlord")

AND

_________________________ (the "Tenant")

AND

_________________________ (the "Subtenant")

BACKGROUND
The Tenant entered into a lease (the "Lease") with the Landlord on November 21, 2024 with respect to the following premises (the "Premises"): __________.
The Tenant wishes to sublease (the "Sublease") to the Subtenant all of the Premises (the "Subleased Premises") from November 21, 2024 until November 21, 2024 (the "Subleased Term").
The Subtenant is willing to undertake the obligations for the Subleased Premises for the Subleased Term.

IN CONSIDERATION OF the Landlord consenting to the Sublease, the Tenant transferring all of the Tenant's rights under the Master Lease, and the Subtenant agreeing to fulfill all of the obligations of the Tenant under the Master Lease, the parties agree to keep, perform and fulfill the promises, conditions and agreements below:

USE OF PREMISES
Except as otherwise provided in this Consent, the Subtenant and the agents and employees of the Subtenant will only use the Subleased Premises for a purpose consistent with the permitted use allowed in the Lease. Further, the Subtenant agrees to comply with all other applicable provisions of the Lease, and will not do anything that would constitute a violation of any part or condition of the Lease.
The Landlord consents to the Sublease and the transactions contemplated by that Sublease.
The Landlord's consent to the Sublease will not be deemed to be a consent to (a) the terms of the Sublease, (b) any further subleasing of the Subleased Premises, (c) any subleasing of any other portion of the Subleased Premises, or (d) the subleasing of any portion of the Subleased Premises to any other subtenant or on any other or different terms than those stated in the Sublease. The Tenant will provide the Landlord with a fully executed copy of the Sublease promptly after execution.
CONTINUING LIABILITY
The Tenant acknowledges that: (a) the Tenant will remain primarily liable for, and will not be released from the full and faithful performance of all of the terms and conditions of the Lease, notwithstanding the existence of, and Landlord's consent to, the Sublease, or any breach committed by the Subtenant under the Sublease; and (b) the Landlord will be entitled to pursue all remedies available in the event of the Tenant's breach of the Lease without regard to the performance or non-performance of the terms of the Sublease by the Subtenant.
ASSUMPTION BY SUBTENANT
The Subtenant agrees to assume all of the applicable obligations and responsibilities of the Tenant under the Lease with respect to the Subleased Premises starting from November 21, 2024 until November 21, 2024.
BINDING EFFECT
This Consent will be binding on the Landlord, and will inure to the benefit of the Tenant, the Subtenant and their respective heirs, executors, administrators and successors in interest and assigns.
ASSIGNMENT AND SUBLETTING
The Subtenant will not assign, transfer or further sublet the Subleased Premises or any part of the Subleased Premises without the prior written consent of both the Tenant and the Landlord.
NOTICES
The Landlord agrees that a copy of all notices of default under the Lease sent to the Tenant will also be sent to the Subtenant at the address of the Subleased Premises. To the extent that such default was not caused by the Subtenant, the Subtenant will have the right to cure such defaults as may be granted to the Tenant under the Lease.
TERMINATION OF THE LEASE
If, at any time prior to the expiration of the Sublease, the Lease will terminate or be terminated for any reason, the Sublease will also simultaneously terminate. However, if the Subtenant agrees, at the election and upon written demand of the Landlord, to attorn to the Landlord upon the terms and conditions set out in the Sublease for the remainder of the term of the Sublease, termination of the Lease will not similarly terminate the Sublease.
GENERAL PROVISIONS
In the event of any legal action concerning this Consent, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
This Consent will not be valid and binding on the Landlord, Tenant and Subtenant unless and until it has been completely executed by all of the parties.

IN WITNESS WHEREOF the Tenant, the Subtenant and the Landlord have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

Landlord:

__________________________
_________________________

Tenant:

__________________________
_________________________

Subtenant:

__________________________
_________________________

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Last Updated February 2, 2024

Tenants who are interested in subleasing a rental property may use a Landlord's Consent to Sublease as evidence of their landlord's official permission to do so. Landlords typically require tenants to ask for permission before entering into a sublease agreement with a subtenant. By obtaining this document, tenants ensure the transfer of rights under a lease agreement is legitimate and professional.

How does subleasing work?

Subleasing is when the original tenant of a rental property wants to give someone else (a subtenant) the right to share or move into the space. The original tenant becomes a sublandlord and often collects rent from the subtenant to pay the original landlord.

Although the tenant signs a new Sublease Agreement, the original tenant is still responsible for upholding the terms of the original lease agreement. As such, the terms of the Sublease Agreement must not exceed the terms outlined in the master lease. For example, the duration of the sublease cannot be longer than the duration of the master lease.

There are many reasons why a tenant may need to transfer their rights under a lease agreement to someone else. In some cases, tenants rent out a room in their apartment to collect more money for rent. Alternately, some tenants must travel for work or school and need someone to take care of the rental property and payments until they return.

In either case, subleasing is a way for landlords to continuously receive income from a rental property without terminating an original lease agreement or looking for a new tenant.

Can a tenant sublet without permission?

In most jurisdictions, tenants must ask their landlord for permission to sublease, and landlords cannot unreasonably refuse the request. By obtaining a Landlord's Consent to Sublease, tenants can maintain a positive relationship with their landlord, and landlords can feel at ease about their rental property.

If a landlord discovers that a tenant entered into a Sublease Agreement without consent, the landlord may consider the new tenant to be an unauthorized occupant. In this case, the landlord may take steps towards evicting both the tenant and the subtenant. This is especially true if the original lease agreement prohibits subleasing without the landlord's consent.

Before entering into a Sublease Agreement, tenants should consult their original lease agreement and local laws for more information regarding subleasing.

What's the difference between a tenant and an occupant?

Although lease agreements may list both tenants and occupants, the tenant signs the contract and is responsible for upholding its terms. Occupants, on the other hand, are not directly liable for any rent payments or lease violations.

It's important to note that only the people listed on a lease as a tenant or an occupant may reside in the rental unit. Additionally, the landlord must be aware and approve of any changes to the list of tenants and occupants.

For example, if a tenant sublets their property without communicating with the landlord first, the landlord would likely consider the subtenant to be an unauthorized occupant. In this case, the landlord may file an application to their local landlord and tenant authority to remove or evict the unauthorized persons.

How should I ask my landlord to sublet?

There are a few things tenants can prepare ahead of time to ensure they gain their landlord's approval to sublease a rental property:

Use Rental Applications to collect information and evaluate potential new tenants.
Draft a Sublease Agreement to prove your knowledge of managing a subtenant.
Request their signature on a Landlord's Consent to Sublease, if consent isn't expressly given in your original lease agreement.

Preparing these documents ahead of time can assuage your landlord's concerns by demonstrating that you're able to handle the responsibility of becoming a sublandlord and that you value their input when selecting a subtenant. Additionally, these steps increase the likelihood of finding a quality subtenant who won't damage the unit or violate the lease.