subînchirierii

Subînchirierii is the practice of subletting a leased property, where the tenant (the subinchirier) rents out all or part of the premises to a third party (the subtenant) while remaining bound to the landlord under the original lease. In this arrangement the subtenant has a direct contract with the original tenant, not with the landlord, and the original tenant remains primarily responsible for fulfilling the lease obligations.

Under typical Romanian tenancy practice, a sublease creates a two-tier relationship. The original tenant remains liable to the landlord for rent payment and for compliance with the lease terms, including use restrictions and maintenance. The subtenant’s rights and obligations are defined in the sublease agreement, which should align with the terms of the main lease.

Consent and contractual terms are important: most leases require the landlord’s written consent to sublet, and subletting without consent or in violation of the lease can constitute breach and justify termination. The sublease should specify duration, rent, security deposits, and the permitted use, and it should not extend beyond the term of the underlying lease.

Responsibilities are shared indirectly: the subtenant must pay rent and comply with the lease rules as agreed in the sublease, while the original tenant remains ultimately responsible to the landlord for any damages, unpaid rent, or violations caused by the subtenant. The landlord’s ability to restrict or prohibit subletting, screen subtenants, and require notice or approvals is commonly recognized in lease practice.

Practical guidance includes reviewing the main lease for subletting provisions, obtaining written consent, ensuring the sublease does not contradict the primary lease, and clearly defining payment arrangements and deposits. For complex situations, legal consultation can help draft or review the sublease to reflect the parties’ rights and duties.