sublessee

A sublessee is a person who leases a property from someone who already holds a lease with the property owner (the sublessor). In a sublease, the sublessee gains rights to occupy or use all or part of the premises for a stated term, while the original tenant remains the primary lessee under the landlord’s lease. A sublessee is not an assignee; the sublessor retains a legal relationship with the landlord and often remains responsible for rent and performance under the master lease.

Key terms and obligations typically include the rental amount, due date, duration of the sublease, permitted use, maintenance responsibilities, alterations, utilities, security deposits, and remedies for default. The sublease usually requires compliance with the master lease, and landlord consent is commonly needed; failure to obtain consent can breach the master lease and jeopardize the arrangement. If the sublessee fails to pay rent or violates the lease, the sublessor remains liable to the landlord and may be liable to the sublessee for certain protections, depending on the agreement and local law.

Legal considerations often involve ensuring alignment with the master lease, potential inclusion of a SNDA (Subordination, Non-disturbance, and Attornment) to protect occupancy if the landlord’s interests are affected, and clear language on who bears responsibility for repairs and insurance. In residential leases, subleasing is frequently subject to more stringent restrictions, while commercial leases often accommodate subleases with negotiated terms and market rent adjustments.

Practical steps include reviewing the master lease, obtaining landlord consent, drafting a written sublease that references the master lease, and clarifying expectations on renewals, rent, and default remedies.