A lease prohibits the assignment of subletting without the lessor's approval. If the lessee sublets the unit anyway, the sublease is?

When a lease explicitly states that assignment or subletting is prohibited without the lessor's approval, any attempt by the lessee to sublet the unit in violation of this provision makes the sublease voidable. This means that while the sublease may initially have created some legal obligations, the lessor has the right to void the sublease due to the lessee's failure to adhere to the lease terms.

A voidable sublease is not automatically invalid; it remains in effect until the lessor takes action to terminate it or explicitly chooses to reject it. The lessor has the discretion to either allow the sublease or enforce the lease's original terms, which restrict the lessee from subletting without consent.

In contrast, if the sublease were considered automatically approved, it would undermine the lessor's rights as outlined in the lease agreement. Similarly, labeling the sublease as valid and enforceable would contradict the specific legal framework set by the lease, which prohibits such actions without consent. Termination of the sublease is a potential outcome if the lessor opts to exercise their right to void it, but it is not an immediate result of the lessee’s action.