Hawaii Application for Sublease

State:
Hawaii
Control #:
HI-831LT
Format:
Word; 
Rich Text
Instant download

Description Sub Lease

This Application for Sublease is a potential Sub-Tenant's application to Landlord for Sub-Lease. Contains information relevant to Landlord's decision to grant or deny Sub-Lease. If granted, Sub-Tenant becomes responsible for rent and complying with terms of lease agreement.


The right of a tenant to sublet largely depends upon the terms of the original lease. If the lease is silent regarding the rights of the lessee to sublease, it is generally accepted that the tenant may sublease. However, if the terms of the original lease state that the premises may not be sublet by the tenant, then of course the tenant may not. The difficult situations occur when the original lease states that the premises may be sublet subject to approval by the lessor. It is advisable that the parties state in advance under what conditions the landlord may withhold his or her consent. Otherwise, the provision will be interpreted by the courts under the standard of "reasonableness".

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Sublease Agreement Other Form Names

Hawaii Sublease Agreement   Sub Lease Agreement   Hawaii Sublet   Sublease Agreement Hawaii   Sublet Hawaii  

FAQ

The landlord cannot refuse the assignment or sublet unless there is a good reason, such as the proposed tenant's inability to pay the rent or problematic behavior of this tenant. This is the case no matter what your lease or the building rules say.

Writing Your Sublease. State the name of the parties and the date of the contract. Identify the full names of each party and what their role is in the contract. The original leaseholder of the property is the Tenant and the person subletting the property is the Subtenant.

The Bottom Line: According to the law in Hawaii, you are allowed to sublet as long as your lease does not prohibit it. You should always obtain written approval from your landlord prior to subletting.

Record a liability calculated as the present value of the remaining minimum lease payments due under the original (head) lease, reduced by the present value of any estimated sublease income, Write off the deferred rent from the original lease, and. Record a loss on the income statement for the difference.

If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.

Make sure you're allowed to sublet. Find a great sublet candidate (more on how to do this below). Set up your sublet agreement. Go to your landlord for final approval. Once your landlord gives the okay, start subletting.

Your roommate is not required to get your consent for a sublease unless your lease agreement explicitly states that they have to. There are no laws that prevent your roommate from subletting without your consent.

In general, if your lease doesn't mention subleasing, it is usually permitted. However, most leases do require that you obtain your landlord's consent to sublease as well as your landlord's approval of any new subtenant.These laws may permit you to sublease even if your lease forbids it.

Why Is Subletting Not Allowed At Some Properties? The most common reason for not allowing subletting at a property is the increased risk of financial loss, property damage, or misleading tenants. Adding more tenants or switching tenants through a sublease during a tenancy adds work and risk for the landlord.

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Hawaii Application for Sublease