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The Consent to Sublease is a document by which a landlord gives their official consent to sublease the rental property to a subtenant based on certain terms and conditions.
The tenant is a party that occupies the landlord's property either for a term certain or periodically. The tenant is given the exclusive right to the use and occupation of the rental property and under the law, the tenant can not sublet or assign any part of the rental property to another except with the consent of the landlord. It is important that this consent is given in writing to avoid ambiguities and for reference purposes.
Although the tenant is granted the consent to sublease the rental property, the tenant remains bound by the original lease. This document is used in situations where the Residential Lease or Commercial Lease agreement entered between the landlord and tenant does not explicitly permit the tenant to sublet the rental property. Hence, the landlord's written consent is required.
How to use the document
The following information should be included in the document: the names and addresses of the landlord; tenant and subtenant; the portion or description of the subleased premises; and the rent the subtenant is required to pay. After completing this document, all the parties should sign the document and kept at least one signed copy for record purposes.
If either of the parties is an individual, the individual should sign the document and have it attested to by a witness who will fill out their name, address, occupation and append a signature on the space allocated to the witness.
If either of the parties is a company, the common seal of the company should be affixed on the document (on the space allocated for the signature of director and secretary) and either two directors or one director and one secretary should sign the document.
If either of the parties is any other organization other than the company, for example, a sole proprietorship or partnership business, the sole proprietor or a partner should sign the document and have it attested to by a witness who will fill out their name, address, occupation and append a signature on the space allocated to the witness.
The Tenancy laws of Lagos State is applicable to rental properties in Lagos. Also, depending on the location of the rental property, the tenant laws of other states in Nigeria are also applicable to this document.
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