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A sublease is typically not in privity of estate with the landlord. Instead, the relationship exists primarily between the master tenant and the subtenant. However, both parties need to understand that the landlord retains certain rights, particularly if the master lease contains specific clauses regarding subleasing.
In Oregon you are legally barred from subletting your space to anyone for more than three days unless you, your landlord and your subtenant enter into a written sublet agreement. The law even tells you what to include in a sublet agreement: A provision that requires your subtenant to pay rent directly to the landlord.
It carries a maximum penalty of 6 months, a fine and an Unlawful Profit Order (UPO). The second more serious offence requires dishonesty. It can be heard in either the Magistrates or Crown Court. The maximum penalty is 2 years imprisonment, a fine and a UPO.
Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.
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.
Certain tenants living in social housing may be committing a criminal offence if they sublet their home without their landlord's permission or by going against what it says in their tenancy agreement. If you are found guilty of unlawful subletting, the court can make an unlawful profit order.
The Bottom Line: According to Oregon Property Law, you must obtain written approval from your landlord prior to subletting. After obtaining approval, then you, the sublesee, and the landlord must sign a written agreement, which ensures that the sublessee follows all lease terms.
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 sublease consent form allows a current tenant under a lease to document a landlord's approval of subletting the property the tenant is renting to a subtenant.
Yes, provided he is not restricted to do so by the Contract of Lease. The law says: When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.