Property Management
In South Dakota, a commercial tenant who subleases space without the required landlord consent has:
AValidly transferred all their lease obligations to the sublessee
BPotentially breached the lease, which may allow the landlord to terminate the lease✓ Correct
CThe same rights as if the sublease were permitted
DCompleted a novation with the subtenant
Explanation
Subleasing without required landlord consent is typically a breach of the lease agreement. This may give the landlord the right to terminate the original tenant's lease for violation of its terms, regardless of whether the subtenant is otherwise a qualified tenant.
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