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

Asked about 1 year ago - 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)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. Eric Louis Toscano

    Contributor Level 4

    1

    Lawyer agrees

    Answered . 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... more
  3. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

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

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