Consent to Sublease

Even if you only need to sublet for a short period of time, you must get permission from your landlord, a letter of consent to sublease.

In addition, you are still responsible for paying the rent on your unit, as well as any damage to the rental property. In the meantime, it is essential to inform your landlord of the presence of the subtenant and the length of time you wish to have problems with your subtenant. Informing your landlord of the presence of a subtenant will make it easier for you to manage your tenancy.

In conclusion, remember that signing a sublease agreement with your subtenant establishes a legal relationship between the two of you, so be sure to lay the right foundation with your landlord first.

Unless the landlord has expressly consented to the sublease under the terms of the original lease, the tenant cannot sublet the landlord’s property without the landlord’s express consent to sublease. The landlord is free to decide whether or not to give the tenant permission to sublet. If the landlord does not wish to give consent, he or she does not have to justify the refusal. If the landlord agrees, he or she will confirm this in writing to the tenant.

For the original Tenant: The main Tenant remains responsible for any unpaid bills or damage to the accommodation vis-à-vis the Landlord, as the latter has no direct legal link with the sub-tenant. The Landlord is responsible for the subtenant’s failures as if he/she were occupying the unit. This is why, if the Tenant sublets the entire property, it must absolutely ensure that its subtenant is properly insured. On the other hand, it is in the tenant’s interest to sublet legally, with the landlord’s authorization. By signing a contract with the sub-tenant, if he wants to have recourse against the latter in case of unpaid rent, damages and interest….

For the sub-tenant: The sub-tenant does not benefit from the legal protection set by the texts governing empty or furnished rentals. He has no direct legal link with the owner and cannot therefore act directly against him. If, for example, the dwelling requires major work to be done by the owner, the sub-tenant must contact the main tenant so that he can intervene with the owner. The subtenant may have great difficulty in obtaining satisfaction if the primary tenant delays or fails to approach the landlord.

On the other hand, the subtenant’s lease will automatically end when the tenant’s lease ends. Therefore, if the tenant decides to give the landlord notice at any time, the subtenant’s lease will automatically end and the subtenant will not be allowed to stay.

The main tenant and his sub-tenant will agree on the terms of the lease and write them into the contract: duration of the lease, terms of termination, amount and date of payment of the rent, terms of its revision, amount and terms of return of the security deposit, obligations of the main tenant and the subtenant towards each other.

The main tenant cannot give the sub-tenant more rights than those he/she has. Thus, depending on whether he has a three-year empty rental contract or a one-year furnished rental contract (or nine months for a student), he must make sure of the length of time he can commit himself to, knowing that the landlord is likely to give him notice at the end of the initial lease or each of its renewals.

It is therefore in the interest of the primary Lessee and its sublessee to agree on the terms of the sublease and include them in the contract that will set the rules between them. The Tenant shall attach the Landlord’s written agreement to the sublease agreement and a copy of the primary agreement. The Tenant must carefully draft this agreement which will set out all the terms of the sublease.

There are two ways to get the landlord’s permission to sublet your lease:

If your lease agreement includes allowing you to sublease the premises, you can proceed to the Sublease of the property without informing the Landlord about the new Tenant and the information of your Sublease. However, you have to respect the terms and conditions of the initial lease with your Landlord. To get a protected lease agreement, you can download our lease agreement and look at our clause sublease agreement.

If your lease agreement does not allow you to sublease, therefore you shall obtain the written consent to sublease of the Landlord and, if download our Landlord consent to sublease. Most importantly, this Consent is essential. Suppose you sublease the property without having written permission from the Landlord. In that case, the Landlord can terminate the initial lease and request compensation.

After obtaining the Landlord’s Consent to Sublease, you can then prepare a sublease agreement with your new Tenant. Make sure that your contract, including whether:

Besides, once the subtenant has visited the property, you can use our rental inspection report and have a written record of the property’s furniture and condition during the move-in.

Generally, the Landlord shall sign this letter. However, the Agent of the Landlord can also sign on behalf of the Landlord.

Our Landlord Consent to Sublease Letter is in Thai and English. However, note that the letter shall be in the language in which the Landlord and the initial Tenant can understand and sign by understanding all the documents’ terms.