Should the original tenant and the new tenant (tenant) sign a written agreement? Before subletting, the original tenant must obtain the agreement of the lessor for the subletting of the property. The landlord can only refuse consent to the sublet if there are good reasons to refuse. For example, if the person concerned does not pass a credit check, the lessor may refuse the subletting. If the lessor refuses the sublet, the original tenant must receive a written justification for the refusal within 14 days. If the landlord does not respond to a subletting request within 14 days, the tenant may, by law, expect the landlord to accept the request. The landlord cannot charge a fee to the tenant for consent to the sublease. Attribution is if a tenant finds someone to take over their lease. This is a good option if a tenant does not plan to return to the property. The Housing Rental Act does not address the rights and obligations that tenants have with each other. It is customary for roommates to conclude colocation contracts so that each tenant knows his rights and obligations. A tenant may sublet his premises with the written agreement of the lessor or transfer it to another person. The lease would exist between the subtenant and the tenant. A lessor may not refuse the authorization without a valid reason and must be accompanied in writing by the tenant by his reasons within 14 days of receipt of the written request.
If a tenant obtains permission to transfer the lease, an authorization must be signed between the lessor and the tenant. An unblocking is a new agreement that releases the tenant from all his obligations to the lessor. For example, a signed release would protect the tenant from having to pay rent if the new tenant has not paid it in the future. If a tenant finds someone who wants to take over the lease, the tenant must obtain written permission from the landlord to assign the lease. A lessor can only refuse the application to assign the lease if there is a valid reason (i.e. the new tenant refuses to complete an application form or cannot pay the rent). If the landlord rejects the request, a written justification for the refusal must be communicated to the tenant. Roommates can add other terms as long as all roommates agree on it. A sample colocation agreement can be downloaded here.
The original tenant may wish to enter into a temporary agreement with the tenant who sublets the property. The agreement should contain all the obligations arising from the original lease agreement, so that the new tenant is aware of all these obligations. The new tenant can either pay rent to the original tenant or, if the landlord agrees, pay directly to the landlord. When a leased property is sublet, the original tenant leaves and a new tenant (the subtenant) moves in to take his place, but the original lease is maintained. Often, the original tenant expects to return to the unit. For example, students typically rent their rental units for the summer from May to August with plans to return in September….
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