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A Landlord's Consent to Sublease is a document that is used by a lessor to give consent to the sublease of a property.
A sublease is an agreement wherein a person (the "sublessor") who is leasing a property from the lessor will further sublease the property to another person (the "sublessee"). In effect, there are two agreements in a sublease: the first is the lease agreement between the lessor and the sublessor (who would be the lessee, in this case) and the sublease agreement between the sublessor and the sublessee.
A Landlord's Consent to Sublease is usually used when the lease agreement provides that the consent of the lessor is required before the sublessor can sublease the property.
How to use this document
This document is usually drafted by the lessor however, the sublessor or sublessee can likewise draft the document.
The user should enter all the information required to complete the document. Once completed, at least three (3) copies should be printed, one for each of the parties, and attach a copy of the lease agreement and the sublease agreement to each copy. Each party should carefully review the document. If the information in the document is correct, the parties should sign all the copies. Each party should keep at least one (1) copy for their records.
Notarizing the document
If the parties would want to notarize the Landlord's Consent to Sublease, the document also includes an Acknowledgment portion. Notarization of the document converts the document from a private document to a public document so that it becomes admissible in court without need of further proof of its authenticity.
To notarize the document, the parties must print and sign an extra copy (a total of four copies) of the document and bring all the copies to a notary public to acknowledge that they have signed the Landlord's Consent to Sublease freely and voluntarily. They should also present a valid I.D. issued by an official agency bearing their photograph and signature such as a driver's licence or a passport, among others.
Notarizing a Landlord's Consent to Sublease is optional. If the sublease lasts for more than one (1) year, notarizing the document is necessary to inform third parties of the agreement but does not affect the validity of the consent between the parties.
Once notarized, the each party should keep at least one (1) copy of the notarized document and the notary public will also keep one (1) copy for their notarial book.
The Civil Code of the Philippines governs laws on contracts, obligations, and leases. Additionally, Republic Act No. 9653 (the "Rent Control Act") as extended by the Housing and Urban Development Coordinating Council Resolution No. 1 Series of 2017 ("HUDCC Resolution No. 1") governs lease contracts that fall under the following conditions:
1. The property is located in the National Capital Region or highly urbanized cities and the total monthly rent ranges from One Peso (P1.00) to Ten Thousand Pesos (P10,000.00)
2. The property is located in other areas and the monthly rent ranges from One Peso (P1.00) to Five Thousand Pesos (P5,000.00).
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