Illinois Leasing Agent Practice Exam

If a tenant with a written lease sublets part of their premises, what happens to the original lease?

1. It is automatically voided

2. It remains unaffected unless it prohibits subletting

3. It becomes negotiable

4. It transfers to the subletter

The correct answer is: It remains unaffected unless it prohibits subletting

When a tenant with a written lease sublets part of their premises, the original lease remains unaffected unless it contains specific provisions that prohibit subletting. This means that the terms and conditions agreed upon in the original lease continue to be in force for the tenant and the landlord, establishing a relationship that is separate from the subletting arrangement. In many residential and commercial leases, subletting may be allowed, subject to the approval of the landlord or certain conditions. It is important for tenants to review their lease agreements carefully to understand the rules regarding subletting and ensure that they comply with the original lease terms. If the lease does not explicitly prohibit subletting, the tenant can enter into a sublease without impacting their own responsibilities under the original lease. The other choices present scenarios that do not accurately reflect standard leasing principles. For instance, the notion that the lease is automatically voided does not hold, as the legality of the original lease is typically maintained unless otherwise restricted. Similarly, the idea that the lease becomes negotiable or transfers directly to the subletter misrepresents the nature of the leasing relationship, which continues to tie back to the original tenant and landlord agreement.