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Last revision: 11/27/2023
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A Letter to Request the Landlord to Sublease a Property may be used by a tenant to inform the landlord of his desire to sublease or sublet a real property such as land or building that he is renting. This letter can serve as a way for the landlord to be convinced that the property involved will be subleased to a person who is capable of paying rent and taking good care of the property.
There is a sublease when the lessee or tenant re-rents a real property whether a part thereof or its entirety to another person. This person is called a sublessee or subtenant.
This letter can be helpful to the tenant in case he will not be able to hold or use the real property such as in cases where he will travel to another country for a long period of time, and he finds another person who is capable to use the property in his stead. Further, this letter is essential to ask and be able to obtain the consent or permission of the landlord before the property is subleased.
When is sublease allowed?
The lease agreement or contract whether residential or commercial may be inspected or read to determine whether subleasing the property is allowed by the landlord. In the absence of a contract allowing a sublease, subleasing a property will only be valid and legal if the landlord or lessor allows or permits the original tenant to sublease the property. Thus, if the tenant subleases the property without the landlord's consent, he may be evicted.
If the landlord allows a sublease, then a Landlord's Consent to Sublease may be used to formalize the agreement between the landlord and the tenant. If the landlord refuses or disallows a tenant's request to sublease, then a Landlord's Letter Denying a Sublease may be used. Lastly, between the tenant and sublessee (or subtenant), they may enter into a Residential Sublease Agreement to formalize their agreement to sublease the property.
How to use this document
The identity of the sender who is the tenant should be included who may either be an individual person or an organization, then the identity of the landlord to whom this letter will be sent should also be included. The landlord may also be an individual person or an organization. It is optional to include the details of the representative of the landlord. Further, the following are the essential details in the body of the letter:
After the completion of the document, two (2) copies must be printed and signed, then one should be sent to the landlord and the other should be kept by the tenant for his records. It is also an option to send the document via email to the landlord.
The Civil Code of the Philippines governs laws on contracts, obligations, and leases. Additionally, Republic Act No. 9653 (the "Rent Control Act") as extended and amended by the National Human Settlements Board Resolution No. 2021-02, 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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