Sublease

What Is a Sublease? A sublease (or sublet) occurs when a tenant who holds an existing lease rents the property, or a portion of it, to another person known as the subtenant or sublessee. The original tenant becomes the sublessor and retains their obligations under the master lease with the landlord. The subtenant pays rent to the sublessor rather than directly to the property owner. ## Key Characteristics - The original tenant remains liable to the landlord under the primary lease - The subtenant's rights are limited by and subject to the original lease terms - Most leases require the landlord's written consent before subletting - The sublease term cannot exceed the remaining term of the original lease - The sublessor is responsible for the subtenant's actions ## Legal Considerations Before entering a sublease, tenants should review their original lease for subletting restrictions. Many landlords include clauses that prohibit subletting without prior written consent, and unreasonably withholding consent may be restricted by state law. A well-drafted sublease agreement should specify the rent amount, the portion of the property being sublet, the sublease duration, security deposit terms, and the respective responsibilities of each party.