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The above link provides information about sublease agreements for tenants in the Commonwealth of Massachusetts. A sublease agreement is a legal contract between a sublessor and sublessee, which determines the rental rights of the sublessee on a property. Prior to drafting a sublease agreement in Massachusetts, landlords should check for local laws that regulate sublease. Many counties and cities in Massachusetts have additional requirements.
The right of subletting refers to whether or not a tenant is allowed to transfer or assign the possession of a part of the leased property to a sub lessee. Though the right of subletting is not considered a common law right, many landlords voluntarily grant the same. If this right is not granted, then tenants may not sublet the property and any sublease agreement will be considered null and void. If a lease agreement contains a clause allowing the tenant to sublet the property, the tenant can do so without the landlord’s consent because the tenant has the right to exercise this privilege. Landlords may consider a sublease agreement with a suitable candidate a better alternative than transferring the lease agreement to a different person. However, unlike in residential leases, commercial leases in Massachusetts do not offer landlords an unrestricted discretionary power to refuse subletting, but instead protects them against unreasonable refusals by the lessee.
The sublease agreement outlines the obligations of both parties, and the tenant agrees to pay the rent, utility bills, and other relevant bills to the landlord, after which the landlord will pass on the benefits to the sub lessee. It will also define what happens if the sub lessee defaults on his or her payment. A sublease agreement typically carries an expiration date; however, it can also be made periodic at the desire of both parties involved. The duration of the agreement should not exceed that of the original lease. The goal of a sublease agreement is to protect the rights, responsibilities and obligations of both parties from potential legal complications that may arise during the tenancy.
The sublease agreement described on the above page includes the full terms and obligations of the agreement. These include the definitions of the residential premises being leased for, the security deposit and method of payment, the responsibilities of the landlord, the responsibilities of the sublessee and the responsibilities of the tenant. It will also describe what happens when there is an incident that results in damage to the property. Depending on where the property is located, the sublease agreement may also include addendums.