Did you know that a Tenant can temporarily become a Landlord? That happens through a Sub-Tenancy Agreement.
A Sub-Tenancy Agreement is a contract that allows a Tenant renting property for less than 3 years to rent out part or all of the property to another person called the sub-tenant.
With this, the original Tenant becomes a ‘Landlord’ to the sub-tenant, while still remaining a Tenant to the main Landlord.
This document is crucial because it defines the rent to be paid, the duration of the sub-tenancy, the duties of both parties and the extent of rights being transferred.
It ensures that the sub-tenant enjoys lawful occupation and that the original Tenant retains control while still being accountable to the Landlord.
Most Tenancy Agreements require the Landlord’s consent before any subletting can take place, else the sub-tenancy will be invalid and the tenant risks eviction for breach of Tenancy.
So get the Landlord’s approval where needed before subletting.
Subletting is common where a Tenant has more space than he/she need or wants to recover part of the rent.
But without a Sub-Tenancy Agreement, disputes often arise over rent, repairs or duration. The Agreement will prevent confusion and protect the rights of all parties.
So if you want to sublet, get a Property Lawyer to prepare a comprehensive Sub-Tenancy Agreement for you.
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APEX CHAMBERS, Law Firm of Property/Real Estate and Business/Corporate/Commercial Lawyers, Attorneys, Barristers, Solicitors Advocates, Legal Practitioners rendering legal services, Legal Consultants and Notary Public with Law Office in Port Harcourt, Rivers State, Nigeria