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I recently entered into a contract for lease with a new

Hi Pearl, I recently...

Hi Pearl, I recently entered into a contract for lease with a new lessee. They take possession of the property on 15th of May; however, their lease doesn't commence until September 1st. According to my contract, I want to know what the consequences would be if the lessee sublets the property to someone before the official start of their lease.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

British Columbia

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

None so far I have a copy of the lease I can show you

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I basically want to know what the treatment of the rent earned through sublet should be

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Answered in 15 minutes by:
5/14/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,094
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am not following the facts.

Is this a residential or commercial tenancy?

Who takes possession on May 15?

Are you saying you don't get possession until Sept 1?

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Customer reply replied 1 month ago
Hi Debra, I am the landlord of the property. We are in a unique situation where the lessee will take possession of the commercial property on May 15th, and have a period of rent-free possession. This is in order to allow them to set up their business. Since signing the lease, a third party has approached us in order to sublet the property for a short period of time. If the lessee goes ahead and sublets the property for 60 days, what portion of rent am I entitled to?The sublet would take place during the tenants grace period, so I am a bit confused as to what would happen, legally, in this situation.
Customer reply replied 1 month ago
Their 4 year lease doesnt begin until September 1st
Customer reply replied 1 month ago
Here is the wording for the term

There is no clear answer to this question.

Had you been receiving rent and you allowed a sub-tenant you would not get paid any of the rent.

But this is a bit different in that the tenant is not paying rent at all. So it would be unfair for them to profit especially since the free months is to allow them to set up their business.

I think you simply have to negotiate something that feels fair to you.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Is there anything more I can help you with at this point in time?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,094
Experience: Lawyer
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