Principal Issues: Whether a document to sublease real property is a written agreement entered into prior to October 9, 2020 when the landlord of the real property did not sign the sublease document before October 9, 2020.
Position: Question of fact.
Reasons: A “written agreement” is not defined in the Act, but under the common law. In general, a written agreement requires mutual assent of the parties to the agreement, clear intent to create a binding and enforceable contract, and all essential terms and conditions. Depending on the circumstances, a sublease that was executed without the required consent of the landlord may still be an effective and binding agreement between the sublessor and the subtenant.
