Clause LibrarySubletting
Subletting Clause
Subletting
warning risk
both lease
Whether and how the tenant may sublet the space to another party.
Tenant-friendly language
“Tenant may sublet with landlord's consent, which shall not be unreasonably withheld.”
Landlord-friendly language
“Subletting is prohibited without landlord's prior written consent at landlord's sole discretion.”
What to watch out for
Absolute prohibitions, 'sole discretion' consent, recapture rights, profit-sharing on sublease rent.
How to negotiate
Add 'not unreasonably withheld' and a deemed-approval period if landlord doesn't respond.
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