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, you need to obtain your landlord's consent before subleasing a rental unit. Most lease agreements include a clause that either prohibits subleasing or requires you to seek permission from the landlord. If your lease is silent on this issue, you may be able to sublease without explicit permission, but it's still advisable to inform the landlord.
Subleasing is a viable option since you cannot terminate the existing agreement without incurring costs. However, it comes with responsibilities. As the original tenant, you assume the role of a landlord to your sublessee. This means you must fulfill all landlord duties regarding the sublessee.
Just as you paid a security deposit to your landlord, you should collect one from your sublessee to cover potential damages. It's also wise to conduct a credit background check on the sublessee and have them sign a written sublease agreement that mirrors the original lease terms. Remember, you remain responsible for paying rent to the landlord if the sublessee fails to do so.
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.