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    2 Replies Latest reply on Jan 12, 2009 12:50 PM by Lighthouse24

    Sub Lease

    AFriend3240 Newbie
      Seller of a business has a lease contract with the mall which prohibits him to sub lease the premises without written approval from the mall. If seller sub lease the business to another buyer without aquiring written approval from the mall and signs a contract with the buyer, anyone knows if this contract is still a valid contract even though seller never had an authority to sub lease with mall's approval?
        • Re: Sub Lease
          LUCKIEST Guide
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          • Re: Sub Lease
            Lighthouse24 Ranger
            This will fall under state and local law, so without knowing the jurisdictions within which the mall is located and where the lease and sublease contracts were executed, I don't think anyone can answer this definitively. In general, if the lease states that the leasee cannot sublet without the landlord's approval, and the landlord disapproves, then a sublet contract would be an unlawful lease. However, different states and cities protect landlords and leasees to different degrees. Some make it illegal for a landlord to refuse a "reasonable" request to sublet. Some allow the landlord to do whatever he wants and to evict both of the tenants and recover damages from each. You should probably check with an attorney who knows the law relative to business property leases in that locale. Good luck.