Lessor v. Sublessee: Invalid Sublease Due to Lack of Authorization
Synthèse Legislator
Généré par l'IAA lessee, having sublet an apartment under a lease agreement with the stipulation that any subletting must be expressly authorized by the lessor, failed to obtain this authorization from the lessor, who subsequently brought an action to terminate the sublease agreement and evict the sublessee. The court ruled that the sublessee, even if acting in good faith and unaware of the prohibition against subletting without authorization contained in the principal lease, could not use this good faith to overcome the express contractual condition imposed on the original lessee, as the sublessee's rights were necessarily derived from those of the sublessor, making the sublease invalid vis-à-vis the lessor.
Regeste Legislator
Généré par l'IALessor v. Sublessee: Invalid Sublease Due to Lack of Authorization: The court ruled that the sublessee, even if acting in good faith and unaware of the prohibition against subletting without authorization contained in the principal lease, could not use this good faith to overcome the express contractual condition imposed on the original lessee, as the sublessee's rights were necessarily derived from those of the sublessor, making the sublease invalid vis-à-vis the lessor.