West Virginia Landlord Consent to Sublease Restrictive Covenant in Favor of Tenant

State:
Multi-State
Control #:
US-OL30042B
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the landlord, tenant and sublessee agree, subject to certain conditions, to the use of the premises. Subject to the conditions, they covenant and agree that during the term of the sublease (as that term may sooner expire or terminate pursuant to the terms thereof) to use the premises as agreed.

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FAQ

Landlord's consent Unless the lease says otherwise, the landlord will have an absolute right to refuse consent and need not give reasons for its refusal. However, most commercial leases will provide that the landlord's consent is not to be unreasonably withheld.

A tenant can sublet without getting permission in West Virginia, but it's unwise. Here are ways the original lease comes into play: If the lease forbids it, you can't sublet.

Whenever consent or approval of either party is required, that party shall not unreasonably withhold, condition or delay such consent or approval, except as may be expressly set forth to the contrary.

Protect yourself against lost rent and damages by collecting a security deposit and/or the first month's rent from your subtenant. Establish a convenient process for the subtenant to make monthly rent payments, ideally through automatic payments. Ensure that you can transfer these payments to your landlord promptly.

The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.

Sublessee agrees that no amendment or modification of the Sublease shall be valid or enforceable unless and until the Lessor has specifically consented to such amendment or modification in writing, in each and every instance. Consent to Sublease.

Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.

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West Virginia Landlord Consent to Sublease Restrictive Covenant in Favor of Tenant