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A North Dakota sublease agreement is a legal document that lays out an agreement between two tenants on the tenancy of a rental property. In this type of agreement, the original tenant, known as the sublessor, leases the rental property to someone else, who is known as a sublessee. These types of agreements can last anywhere from one month to the duration of the lease. Once the sublease agreement is in place, the new tenant will move into the rental and pay rent and live in the rental, abiding by the rules just as the sublessor did. Oftentimes, this agreement works wonderfully because the unit is furnished while the sublessee gets the flexibility of short-term housing. One important fact to remember about sublease agreements is that although the sublessee will replace the tenant and pay just like the original tenant did, the sublessee does not assume the same legal responsibility for the rental because he or she doesn’t have an agreement with the landlord. If any late payments or damage to the property occurs, the sublessor will be held responsible.
According to North Dakota Sublease Laws, tenants are obligated to follow the rules of their lease. If the lease prohibits subletting, then, unfortunately, the tenant may not sublease. If the lease mentions nothing on subleasing, then it will be up to the landlord whether or not to accept such an arrangement. As a good business practice, the tenant should receive written permission from the landlord before moving forward with a sublease.
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 North Dakota, the language in the original lease controls the process. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should 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 North Dakota sublease agreement should include the following sections:
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