Sublease

Sublease is a rental arrangement in which a tenant (the sublessor) rents out all or part of a leased property to another person (the subtenant) for a portion of the remaining term of the original lease. In a sublease, the original tenant generally remains responsible to the landlord for rent and compliance with the lease, and the subtenant does not usually have a direct contract with the landlord. This differs from an assignment, where the tenant transfers all rights and obligations under the lease to the new occupant, typically ending the original tenant’s liability to the landlord.

Consent and restrictions are common elements. Most leases require the landlord’s written consent to sublease, and some leases prohibit subleasing altogether. Consent may be conditioned on factors such as the subtenant’s credit, income, and ability to comply with the lease terms, as well as on rent amounts and the length of the sublease.

A sublease contract typically spells out the term, rent amount, and the division of responsibilities for utilities, maintenance, and repairs. It may address the handling of the security deposit, access rights, rules for the use of the premises, and conditions for renewal or termination. The sublessor remains primarily liable to the landlord, while the subtenant is liable to the sublessor; the landlord’s direct recourse is usually against the sublessor.

Filing a sublease usually involves reviewing the original lease, obtaining written consent, drafting a sublease agreement, and ensuring terms align with the master lease. Legal considerations vary by jurisdiction, so parties should confirm applicable laws and lease provisions before proceeding.