Does a landlord have any recourse against a tenant for subletting a property?
Full Question:
Tenant A, a commercial tenant, assigns the remainder of his/her lease to tenant B, without obtaining permission from the landlord. The lease contains a non-assignment clause. Does the landlord have any recourse against Tenant A or Tenant B?
01/08/2007 |
Category: Real Property |
State: Alabama |
#206
Answer:
While the transfer of the lease to the new tennant is not generally void, the landlord may terminate the lease if it is specifically provided by the assignment clause. If the assignment of the lease is without the permission of the landlord, the landlord may evict Tenant B and sue Tenant A for damages, including the cost of evicting the Tenant B.