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Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In Massachusetts, subleasing is only allowed if the landlord consents.
In Massachusetts, the law allows for subleasing with landlord approval unless it is specifically prohibited in your lease. So your first course of action will be to confirm that you are allowed to sublet your place. The good news is that the vast majority of Boston area leases allow subleasing with landlord approval.
The Bottom Line: According to Massachusetts law, you are allowed to sublet as long as your obtain written approval from your landlord. However, if your lease says no sublets, that means no sublets.
Landlords should not charge sublet fees unless it is expressed in the lease agreement. As a tenant, you have rights that you can legally enforce. If your landlord is charging you sublet fees contrary to your lease agreement, speak to a landlord-tenant attorney to get legal help.
The Bottom Line: According to Massachusetts law, you are allowed to sublet as long as your obtain written approval from your landlord. However, if your lease says no sublets, that means no sublets. Check your lease.
The assignment of a lease by the lessee involves a transfer of rights and obligations pertaining to the contract; hence, the consent of the lessor is necessary.
An assignment occurs when a tenant transfers all of its rights and obligations under the term of the lease to another individual or entity for the entire remaining term of the lease. Essentially, the new tenant takes the place of the old tenant and releases the old tenant of its obligations to the landlord.
If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
A Head Lease is a Lease to an entity that will subsequently grant leases to sub-lessees who will be tenants in possession. It sets out the promises the Landlord has made to his Superior Landlord. The promises contained in this Head Lease will bind the Tenant if he has prior knowledge of those promises.