Full question:
There was an office space of about 3500 square feet that I took up on rent for running my business in Detroit. When I finally wanted to set up my office, I found a larger space at cheaper rent and did not use this rental unit for setting up the office. Since I did not have a clause to terminate the contract, I would like to sublease the office. Do I need my landlord’s consent for subletting the rental unit? What are my responsibilities as the original tenant?
- Category: Landlord Tenant
- Subcategory: Residential Lease
- Date:
- State: Michigan
Answer:
Generally, one has to obtain the consent of the landlord before you can sublease a rental unit. Most lease agreements will have a clause that prohibits subleasing or requires the tenant to seek the permission of the landlord. If the lease agreement is silent, you may sublease the unit. Giving the landlord a heads up regarding the same is advised. In this case, subleasing is the best option available to you as the existing agreement cannot be terminated without paying loss of rent to the landlord.Subleasing does have its fair share of trouble but can be dealt with if it is reduced to a written sublease agreement. It is pertinent to note that the sub-lessee cannot have any more rights than that the original lessor had in his lease. Also, when you sublease a rental unit, you take up the role of a landlord with respect to your lessee. You will have to carry out all the duties and responsibilities as a landlord with respect to the sub-lessee.
Just as you, the original tenant, paid a security deposit to your landlord, you are entitled to receive the same from your lessee. It will help you to cover any damage done to the property by the sublessee during his tenancy. It always advised running a credit background check on the sublessee and require the subtenant to sign a written sublease agreement that includes the same language as the original lease agreement. You, being the original tenant, is still responsible for the payment of rent to the landlord in case the sublessee does not pay the rent.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
