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".
Sublease Definition
Description Subletting Definition
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