Can a contract for a sublease be legal if the period of the sublease is beyond the period of that stated in themaster lease?
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Can a contract for a sublease be legal if the period of the sublease is beyond the period of that stated in themaster lease?
I have a contract in which I took over this one girl’s lease she had already signed for an apartment. This contract I will take over the master lease for the apartment. Is our sublease contract legal?
Asked on December 1, 2011 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. If the period of the sublease that you have exceeds the time period of the master lease, the sublease is a valid agreement with the proviso that its term cannot exceed the amount of the master lease's term.
Since you have discovered this problem with your sublease, I suggest that the best way to resolve it is to have an addendum entered into with the person who is technically your landlord clarifying the discrepancy in time. Many times written agreements have errors within them but not all errors make the agreement invalid.
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