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  • Category: Lawyers

    Information needed for renting commercial space


    Having a query about renting a commercial space? Searching for details about sharing a rental place? Find advice from experts on this page.

    Could someone answer me on the following questions:
    If one rents a commercial space to open a shop, is it possible to share, i.e give half of the space on rent to someone else?

    Suppose A wants to rent a commercial space to open a shop. His requirement is 100 square feet.
    Since it is not available, he plans to take 200 square feet shop, and uses 100 square feet to open a shop. And he wants to give remaining 100 square feet on rent to someone else.
    Could someone please answer if this can be done?
    If not, what are the alternatives?
  • #144205
    It can be done very well. There is no legal problem. You are taking on rent and subletting a portion of it to third party.
    But when you have taken the area originally you might have written an agreement with the owner. Is that document speaks anything about subletting. If something is written about this you have to go by that clause. If nothing is written you please inform the owner and if possible put the agreed point in the agreement so that afterwards there will not be any complication. Best is to register the agreement document to avoid further complications in the future.
    If possible make a drawing of the site and clearly mark the area which you are giving for rent. Better the agreement you and your client are going to write should also be get registered.
    If the above mentioned precautions are taken you can do subletting also.

    drrao
    always confident

  • #144206
    Hi,

    Thank you very much for your answer sir. It's clear and informative

  • #144212
    For subleting a part of the rented accommodation consent of owner is required so you have to see that the agreement document with owner speaks about it clearly. This is a very important point otherwise it will lead to legal complications later.

    For subleting a portion you have to go for the agreement with the subletee clearly defining the scope and area for his use.

    If the agreement documents are properly prepared without ambiguity you will be carrying out your business smoothly within your premises and subletee will be within his boundaries.

    Knowledge is power.

  • #144213
    Please check the rent agreement very carefully. In most of the rent agreements it is clearly mentioned that sub-letting is not allowed under any circumstances.
    So, if you sub-let the commercial space taken on rent from someone, it is violation of the agreement and the owner may sue you in Court.
    So, don't sub-let the rented area/space. If it is absolutely necessary, take written consent from the owner.

    Caution: Explosive. Handle with care.

  • #144218
    Even if it is not written in the rent agreement, one cannot sublet a space or a part thereof.

    Of course with the written consent of the landlord, one can sublet it or a part thereof.

    When you talk, you are only repeating what you already know. But if you listen, you may learn something new!


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