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"5. ASSIGNMENT AND SUBLETTING. Tenant shall NOT assign any portion of this Agreement." Does this mean I can sublet?

San Francisco, CA |

I am renting a garage and am curious if this means that I am allowed to sublet at a higher cost than what I pay. I am currently month to month with the landlord.

Attorney Answers 3

Posted

Since the heading is "assignment and SUBLETTING" I would say that is the intent of the phrase. No subletting.

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Posted

No, it does not mean you can sublet to someone else, especially not to receive a higher rent than you are currently paying to your landlord.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Asker

Posted

Ah okay, thanks! I was just confused because in another response the legal advisor stated that it was okay if the original tenant was in a month to month situation (even asking a higher amount than the original tenant was paying), but that seemed odd to me. I was also lead to believe that the subletting rather, unallowing it would have to be explicitly stated.

Posted

As Mr. Chen noted, the phrase you cited does not give you permission to sublet. The term “assign” in your lease does not likely refer to assigning a physical portion of your garage space to someone else but rather to assigning your rights under the lease to someone else (which, based on the provision you quoted, is prohibited). A complete description of Section/Paragraph 5 would be necessary to understand whether the lease permits you to sublet.

Eric L. Toscano, Esq. (415-754-8529) is a San Francisco-based attorney whose practice focuses on litigation and dispute resolution in the areas of business law, real estate law, and landlord-tenant law. His response to your question is based on the information you provided and does not create an attorney-client relationship. You should consider retaining an attorney who can review all the facts and offer advice based on the unique circumstances of your situation.

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3 comments

Asker

Posted

What I have shown is the entire description of Section/Paragraph 5 that is given. Sorry if I did not make that clear enough, thanks for your response!

Eric Louis Toscano

Eric Louis Toscano

Posted

Although not clear as written, the provision likely prohibits you from subletting as well. I would not advise subletting your garage space without first obtaining the consent of your landlord. I hope this helps. Good luck!

Asker

Posted

That is what I figured, I just received some advice indicating otherwise but I'm glad to get more advice. I have no interest in unlawfully renting out my rental space.

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