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In Minnesota, a sublease agreement defines the specific agreement between a sublessor and a sublessee. In this type of agreement, the sublessor is an individual who rents an apartment and must vacate the apartment for a period of time. This can be perhaps because of a family emergency or because of a temporary relocation. When the situation arises, the tenant will seek out another tenant to rent the unit in their place. This method is much easier and cheaper than breaking the lease or paying rent in two locations. Once the sublessee moves into the unit, he or she will live as the sublessor did, paying rent on time and abiding by the rules of occupancy. However, if the sublessee fails to pay rent on time or causes damages to the property, it is the sublessor, the original tenant on the lease, who will be responsible for any penalties, fines, damages, and late rent.
As with most other states, the ability to sublease lies solely in the wording of a tenant’s lease. If the lease prohibits subletting, then the tenant has few options. If the lease says nothing, then the tenant must get approval from the landlord along with written permission.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. In Minnesota, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Minnesota sublease agreement should include the following sections:
Name of Sublessor (Sublandlord)/Name of Sublessee (Subtenant)/Name of Original Landlord: Both parties to the sublease agreement should be identified by name in the document, as well as any co-sublessors or co-sublessees. In addition, the sublease agreement in Minnesota must include the name and address of the landlord, as well as contact information for the landlord or manager of the property.
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