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Is sublease agreement legal in India?
The Supreme Court further stated, “Subletting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining the consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord”.
Can a tenant sublet a property?
According to the law, a tenant cannot sub-let the apartment, without a consent from the owner. “It is always safer to bind the tenancy, even if it is for sub-letting, into an agreement. In such cases, the owner of the property needs to be duly informed and there needs to be an agreement between them too,” Mehra adds.
What is the difference between sublease and lease?
A lease is a rental contract between a property owner and a tenant; a sublease is a contract between a tenant and a third party who lives in the rental property during part of the tenant’s lease term.
What is a sublease property law?
A sublease is a lease by the lessee of an estate to a third person, conveying all or part of the estate for a shorter term than that for which the lessee holds originally. A sublease is a new contract between the lessee and the sublessee.
How are legal obligations different with subleasing versus an assignment of the lease term?
An assignment is the transfer of the a party’s entire interest in a lease. When a tenant assigns its lease, the assignee takes over the tenant’s obligations under the lease and deals directly with the landlord. A sublease is the transfer of all or a portion of the premises for less than the entire term of the lease.
Why is subletting not allowed in India?
Subletting or subleasing is not in India at any cost. This is simply to avoid any untoward incidents, time and revenue loss as Indian courts have more serious issues to deal so this type of cases will take a long time to resolve and incur high loss for the owner. Hence the standard rent agreement in India clearly mentions “subletting not allowed”.
Can a landlord charge a tenant for subletting a property?
If the landlord does not respond to a request to sublet within 14 days, the law says the tenant can assume the landlord consents to the request. The landlord cannot charge the tenant a fee for consenting to the sublet. The original tenant may want to enter into a fixed term agreement with the tenant who sublets the property.
What should the original tenant look for when subleasing a property?
Before subleasing a property or assigning a lease, the original tenant should make sure their subtenant or assignee is a responsible person who will pay the rent on time and will not damage the apartment. In a sublease or assignment, the original tenant essentially steps into the role of landlord to their subtenant or assignee.
Can a landlord refuse to permit a sublease or assignment?
Unless it says otherwise, when the lease prohibits tenants from subletting or assigning without their landlord’s consent, ordinarily the landlord can arbitrarily refuse to permit a sublease or assignment according to their own discretion.