Subnájemce

A subnájemce, also known as a subtenant or sublessee, is a party who rents a property from an existing tenant, rather than directly from the landlord. This arrangement is called a sublease or subletting. The original tenant, who is renting from the landlord, becomes the sublandlord or mesne landlord in the sublease agreement.

The subnájemce's rights and obligations are primarily defined by the sublease agreement between them and the original tenant. This agreement typically outlines the rent amount, the duration of the sublease, and any specific rules or conditions. While the subnájemce pays rent to the original tenant, they generally do not have a direct contractual relationship with the property owner.

In most jurisdictions, subletting requires the consent of the landlord. Landlords may have specific policies regarding subleasing, and they often retain the right to approve or deny a subnájemce. If a tenant sublets without the landlord's permission, it can be a violation of the original lease agreement, potentially leading to eviction for both the original tenant and the subnájemce.

The subnájemce is responsible for abiding by the terms of the sublease and, indirectly, the terms of the original lease as it pertains to the use of the property. If the original tenant fails to meet their obligations to the landlord (e.g., by not paying rent), this can affect the subnájemce, even if the subnájemce has paid their rent to the original tenant. The subnájemce's tenancy ends when the sublease agreement expires or when the original lease agreement between the tenant and landlord terminates, whichever comes first.