subtenant

A subtenant is a person who rents all or part of a leased property from an existing tenant rather than directly from the landlord. Subleasing occurs when the tenant leases the premises to another person for a portion of the original lease term. In many arrangements, the primary tenant remains the contractual tenant of record with the landlord and is responsible for rent and compliance with the lease, while the subtenant pays rent to the primary tenant and occupies the premises under a separate agreement.

Relationship to the landlord and the subtenant: The landlord’s contract is with the primary tenant, not with the subtenant, unless the sublease transfers the rights entirely (an assignment). If the lease requires the landlord’s consent to sublet, failure to obtain consent can breach the lease and expose the tenant to remedies such as eviction or penalties. The subtenant’s liability is typically to the primary tenant rather than to the landlord, unless the sublease states otherwise.

Sublease agreement: A sublease documents terms between the primary tenant and the subtenant, including start and end dates, rent amount, security deposit, utilities, occupancy limits, and maintenance responsibilities. It may specify whether the security deposit is held by the primary tenant or paid to the landlord. The subtenant’s rights and obligations arise from the sublease and do not automatically mirror those in the original lease.

Legal considerations: Subletting rules vary by jurisdiction and by the terms of the original lease. Some leases permit subletting with consent; others restrict or prohibit it. When the sublease ends or the original lease is terminated, the subtenant must vacate unless a new agreement is made.