Indiana Sublease of Commercial Property
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FAQ
No, lease agreements do not need to be notarized in Indiana. Either party can request that the lease be notarized, or they can agree that the lease should be notified. However, it is not required by Indiana state law.
A sublease is the re-renting of property by an existing tenant to a new third party for a portion of the tenant's existing lease contract. The sublease agreement may also be called a sublet.
A sublease occurs when the original owner does not lease the premises to you, but there is another person or entity in between you and the landlord. That is, the property owner rents to someone else, and then that person rents to you. Subleases are common in both commercial and residential properties.
The Bottom Line: Indiana law does not specifically prohibit or permit sublets, so what your lease reads matters. If your lease says no sublets, then that means no sublets and always obtain written approval from your landlord prior to subletting.
No, a commercial lease agreement does not need to be notarized in Indiana in order for it to be a legally valid document; however, either party to the lease may choose to have the document notarized.
Typically, you must obtain written consent from your landlord before you can sublet a property. In most cases, a landlord will state in the master lease that subletting is either not permitted or is allowed with consent of the landlord.
Sublet Cons for LandlordsInconsistent screening procedures. If you don't require that all subtenants must be screened by the landlord, you'll have no idea about the caliber of tenant subleasing your property.Subtenant may not be reliable.Property damage.Lease violations or eviction.
Subletting is illegal if a tenant needs their landlord's permission to sublet and they do so without getting it. It's also illegal if a tenant sublets a property when their tenancy agreement says they're not allowed to.
In most cases, you will require the landlord's permission to sublet all or part of your business space to another party. There are obvious benefits to subletting, if you are allowed.