Legal Question in Landlord & Tenant Law in California
How valid is a Sub-Lease that is unsigned by the Landlord?
I have entered into a Sub-Lease situation for a business with someone who had an existing lease on a business property. The lease has only been signed by me (Sublesee) and the Tenant of Record (Sublessor) and the Landlord has not signed the Sub-Lease. I signed in Mid-November, 2005, and the Landlord has stated that his attorney has requested my credit report prior to his signature being obtained. I do not wish to submit my credit report. At this time, I am also wanting to move my business elsewhere.
The Master Lease between the Tenant of Record and the Landlord indicates that the Landlord's signature is required for any Sub-Lease, and if not obtained the Sub-Lease is ''null and void.''
Queston: If the Sub-Lease is in fact null and void, am I vulnerable to legal action by the Tenant of Record if I vacate the premises now, which is before the lease is up? Of course, I do not expect to see my ''Security Deposit'' back.
1 Answer from Attorneys
Re: How valid is a Sub-Lease that is unsigned by the Landlord?
If, in order to be effective, a sublease must be approved by the Landlord, then without the Landlord's consent, the sublease is not effective. So what you have here is a proposed sublease. It has been signed by you, the sublessor, but not the Landlord. Based upon the facts as you have presented them, the document is not currently enforceable.
You should not have given a security deposit to the (proposed) sublessor and at this point should ask that it be returned. If the amount at stake is $5,000 or less, sue the person/business in Small Claims court.
Good luck.
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