Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

Which clause specifies whether a tenant can sublease the premises?

1. Subletting Agreement

2. Lease Assignment

3. Subleasing Clause

4. Tenancy Agreement

The correct answer is: Subleasing Clause

The choice of the subleasing clause as the correct answer is based on its specific function within a lease agreement. A subleasing clause explicitly addresses the conditions under which a tenant is allowed to lease their rental premises to another party, known as a subtenant. This clause can outline the rights and obligations of both the original tenant and the landlord regarding the sublease, including requirements such as obtaining prior written consent from the landlord. In contrast, options like the subletting agreement and lease assignment do not specifically define the terms of subleasing within a lease. A subletting agreement typically refers to a separate document outlining the terms for subleasing but does not detail whether this action is permitted in the original lease. The lease assignment deals with the transfer of the tenant's entire interest in the lease to another party, which differs from subleasing where the original tenant retains their lease while allowing another party to occupy the premises. The tenancy agreement is a broader term that covers the overall lease relationship and does not specifically focus on subleasing rights. Therefore, the subtleties of the subleasing clause make it the essential element in determining a tenant's ability to sublease the property.