Legal Question in Real Estate Law in District of Columbia

Sub-tenant's rights

Does a sub-tenant have the right to inspect the rental agreement between the owner and the primary tenant? In this case the owner is a huge, well-known oil company and it's tenant leases and operates a gas station under the oil company's name. The lease includes a separate building that is vacant. The tenant has been approached by the perspective sub-tenant for the vacant building regarding a lease proposal for the vacant building. The gas station tenant has asked for a written proposal that he will take to his lessor, the big oil company. Prior to that happening, can the perspective subletter ask for verification that the owner does allow the tenant to sublet and under what terms and conditions?


Asked on 2/06/03, 11:59 am

2 Answers from Attorneys

Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Sub-tenant's rights

The answer is very easy. YES. The sub-tenant will have to comply with the basic terms of the agreement regarding the use of the premises. Leases, commercial or residential, do not all allow sub-tenancy and when they do they often contain provisions directed specifically to the sub-tenant. Therefore it is in the best interest of the prospective sub-tenant to review the lease.

Tiziana Ventimiglia, Esq.

202/271-5983

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Answered on 2/07/03, 5:18 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sub-tenant's rights

Yes, the prospective sublessor can certainly ask for such verification and would be foolish not to

before moving into the vacant premises which are

to be the subject of the sublease.

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Answered on 2/07/03, 12:48 am


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