subhuur

Subhuur, or subletting, is the arrangement in which a tenant (the sublessor) leases part or all of a dwelling to a third party (the subtenant) for a period while the original tenancy with the landlord remains in force. The subtenant generally pays rent to the sublessor, who remains legally responsible to the landlord for rent, compliance with the lease, and maintenance. Subhuur can apply to part of a dwelling or to the entire unit and may cover a portion of the original term or a separate period, depending on the agreement and applicable law.

Consent and legality: In many jurisdictions, subletting requires the landlord’s written consent. Some leases prohibit subletting or require landlord approval. Landlords typically cannot withhold consent unreasonably, and failure to obtain consent can constitute a lease breach, with possible remedies for the landlord, including eviction or termination.

Rights and responsibilities: The sublessor remains liable to the landlord for rent and lease compliance. The subtenant has the right to occupy under the terms of the sublease, subject to the main lease. The sublease should specify rent, payment dates, duration, renewal options, responsibility for utilities, deposits, and house rules.

Practical considerations: Subletting carries risk if the subtenant defaults on rent or damages the property. A written sublease, thorough screening, and alignment with the main lease help manage risk. Check occupancy limits, insurance, and local housing regulations to avoid conflicts with the original lease.

Difference from assignment: In a sublease, the original tenant remains party to the tenancy and remains liable to the landlord; the subtenant’s rights are defined by the sublease. Assignment transfers the tenancy to the subtenant, often releasing the original tenant from ongoing liability.