Subtenants

Subtenants are individuals who occupy rental property under a sublease arranged with the tenant who holds the original lease from the landlord. The sublessor remains legally responsible to the landlord under the master lease, and the subtenant gains the right to occupy the premises for a defined period. Typically the subtenant does not have a direct contract with the landlord.

Subletting generally requires the landlord’s consent, as many leases prohibit or restrict sublets. The sublease outlines terms such as duration, rent, security deposit, utilities, maintenance, and house rules. Rent is usually paid to the sublessor, who then remits payment to the landlord. If the subtenant breaches the sublease, the sublessor bears primary liability to the landlord and may seek remedies from the subtenant under the sublease.

Legal and practical considerations include the master lease’s terms, local laws, and any written agreement with the landlord. The sublessor remains responsible for rent and compliance with the original lease, even if the subtenant fails to pay or violates rules. Security deposits may be held by the sublessor and allocated according to the sublease, with jurisdictional rules governing handling and return.

Ending a sublease requires coordinating with the subtenant to ensure the premises are vacated and returned in good condition. The sublease should specify move-out procedures, inspection rights, and deposit return. Both parties should keep records of payments and notices, and the landlord should be informed of the sublease’s termination to avoid confusion about ongoing obligations.