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Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, but Tenant Still Liable for Rent and Damages - South Dakota

Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, but Tenant Still Liable for Rent and Damages - South Dakota 2026

Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, but Tenant Still Liable for Rent and Damages - South Dakota Preview on Page 1

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The document is a notice from the landlord granting permission to the tenant to sub-lease the premises. It specifies that while the sub-tenant is responsible for paying rent, the original tenant remains liable for all rent and damages under the lease agreement. If the sub-tenant fails to pay or causes damages, the landlord can collect from the original tenant.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the date at the top of the document. This sets the context for your communication.
Fill in the tenant’s name and address of the premises where indicated. Ensure accuracy to avoid any confusion.
In the body of the letter, specify the date of the original lease agreement. This is crucial for referencing obligations.
Clearly state that permission is granted for sub-leasing, but emphasize that the tenant remains liable for all rent and damages.
Include a reminder about potential consequences if the sub-tenant fails to pay rent or causes damages.
Conclude with your signature, name, and title as landlord or authorized agent, along with a space for the date.
Finally, complete the proof of delivery section by selecting how you delivered this notice to ensure proper documentation.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Who will be liable under assignment of lease?

Once a lease has been assigned, the assignee will become the new tenant and will be responsible for payment of the lease rent(s) and ensuring compliance with all of the tenants obligations in the lease, including covenants in relation to repair and maintenance of the property.

Why do landlords not allow sublets?

Landlords have the right to deny subletting requests under state law, but they need to base their refusal on legally valid reasons. These reasons can include: The prospective subtenant has poor credit or cant prove they can afford the rent. Allowing the sublet would result in too many people living in the unit.

What happens if a tenant sublets?

If you sublet your home when youre not allowed to, your landlord is likely to take action to evict you. If youre a social housing tenant, the consequences are more serious because you might also be committing a criminal offence. You can check if youre allowed to sublet your home.

Who is supposed to pay the subleasing fee?

A sublet fee is a fee your landlord or co-op board charges for allowing you to sublease your apartment or co-op unit. The original renter may charge the subtenant a sublet fee as part of their sublease agreement. Some renters use the fee as a security deposit to cover potential damage during the sublease.

What is the difference between a lease and a sublease?

A lease is a rental contract between a landlord and a tenant, whereas a sublease is a contract between a tenant and a sub-tenant who has assumed obligations of the tenants lease.

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When there is a sublease where the original lease remains in effect, the original lessor?

With a sublease, the lessor of the head lease will continue to account for their lease the same as before. Additionally, the accounting treatment of the sublease by the sublessee will be no different than other leases.

Is the original tenant after an assignment or sublease remains responsible under the lease?

The first tenant remains fully responsible for all of the obligations of the lease. Neither assignment nor subletting releases the tenant from liability to the landlord. If the lease requires the landlords permission to assign or sublease, the landlord cannot arbitrarily or unreasonably reject a substitute tenant.

Can a tenant sue a subtenant?

If the landlords contract is with the tenant, the tenant is responsible to the landlord for damages and back rent. The tenant may sue the subletter based on their Sublease Agreement, if they have one, to recover what the landlord recovers from the tenant.

Letter from Landlord to Tenant that Sublease granted - Rent Paid by Subtenant, but Tenant Still Liable for Rent and Damages - South Dakota 2026

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