Property Management
A Pennsylvania commercial tenant requests permission to sublet part of their space to another business. The lease is silent on subletting. What is the general rule?
AThe tenant may sublet without restriction if the lease is silent✓ Correct
BPennsylvania law generally requires landlord consent for subleases even when the lease is silent
CCommercial subletting is prohibited by Pennsylvania law regardless of lease terms
DThe tenant must offer to surrender the lease before subletting is permitted
Explanation
Under the general common law rule (applicable in Pennsylvania when a lease is silent), tenants may freely assign or sublet their leasehold interest unless the lease specifically restricts this right. However, most well-drafted commercial leases in Pennsylvania require landlord consent for subleasing. When a lease is silent, the tenant has the right to sublet, though the original tenant remains liable to the landlord under the privity of contract.
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