A Consent to Sublease is a document through which a landlord gives their official consent to a tenant to sublease the property. The third party to these types of agreements is the subtenant, or the individual that will be taking over the lease responsibilities from the tenant. A Consent to Sublease is normally a relatively simple document that just outlines the agreement between all of the parties. The reason this document is generally quite simple is because the original Lease Agreement and new Sublease Agreement are attached as exhibits.
Consent to Sublease agreements are required for any situation in which the Lease Agreement doesn't explicitly make clear that the tenant is permitted to sublease. The landlord's written consent is often a legal requirement.
This Consent to Sublease should be used only in when the original lease is a residential lease, rather than commercial.
How to use this document
This document should be used when a tenant has an identified subtenant ready to take over their lease responsibilities and there has already been a verbal conversation with the landlord. In other words, use this document when the parties have already all agreed verbally to the terms contained here.
In this document, identifying information about each of the parties, such as name and address, will be included. Then some specific questions will be asked about the terms of the subtenancy, such as rent and deposit information.
When this document is filled out, it is a good idea to print it so that a copy of the Lease Agreement can be attached as Exhibit A and a copy of the Sublease Agreement can be attached as Exhibit B. It's then a best practice for the document to be signed by all three parties and a copy kept with each.
Residential leases, and agreements related to them, are covered by state-specific law in the United States. In other words, this Consent to Sublease will be governed by the law of the specific state where the property is located.
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