Last page edit 03/12/08

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Subleases, Subtenants

A sublease is an agreement in which the original tenant leases to a subtenant all or part of the rented premises for all or part of the remainder of the original tenant's term.

If a lease requires a tenant to obtain the landlord's consent before making a subleasing agreement, a recent Maryland Court of Appeals case states that the landlord must have a reasonable cause for withholding consent.  Reasonable objections to a prospective subtenant might include concern about his ability to pay the rent, or concern about his intention to use the premises for unsuitable purposes.  (Julian v. Christopher, 320 Md.1, 1990)

If a lease contains no provision relating to subletting, the tenant may freely sublease.

In any sublease, the original tenant is still responsible for compliance with the terms of his lease with the landlord.

Last date legally reviewed: 03/12/08 (PLL/M.A.J.)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL).

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