If a tenant asks their landlord to accept a sublease, the landlord will focus on business first. Who is the sub-tent? What is his financial situation? What will he do in the rented premises? Does it correspond to the mix of tenants of the building? Assuming, however, that the landlord is in favour of the deal, the landlord should turn their attention to the many legal issues arising from subletting. These legal issues are usually not addressed in an often very short agreement document that the tenant and subtenant invite the landlord to execute. In fact, the proposed approval may consist of a single sentence. However, at this point, the owner has the option to protect their interests by changing the consent or requiring the parties to use the owner`s form of consent. In order to guard against the risk of cessation of the subletting and loss of the right to use the premises, the subtenant may require the principal tenant to enter into a non-disruption agreement. In the context of a non-disruption contract, the lessor undertakes to recognize the tenant and not to disturb his lease, that the main lease contract has been terminated if the subtenant is not late. While a non-disruption agreement is very useful, it is not always an option. Sublandlords and landlords may not consider a no-disruption agreement if the rent is below market under the sublease or if the sublease area is insignificant. If the landlord is not willing to accept a non-disruption agreement, the subtenant should at least try to get the lessor to agree to the lessor announcing a delay under the main lease agreement and the time allotted to the subtenant to settle the delay. The lessor can use consent to address three problematic areas: confirmation of the relevant facts, confirmation of the legal relationship of the parties and definition of the rights and obligations of the parties in the tripartite relationship that will soon be reached. A lessor usually confirms relevant facts by asking the tenant and subtenant to provide various insurances and guarantees.
Some of these insurances and guarantees should be provided by both the tenant and the subtenant. For example, both should ensure and warrant that they have provided the owner with an authentic, correct and complete copy of the sublease agreement. . . .