Subleasing Agreements

Sublease agreements release a tenant from a portion of his lease term.

A sublease agreement is a contract between a current property tenant (the "sublessor") and a third party (the "sublessee") in which the sublessor grants part of his lease term to the sublessee.

Sublease Agreement Defined

A sublease agreement is a legal contract that effectively makes the sublessee into the tenant of a property. However, a sublease agreement does not release the sublessor from his obligations to the landlord under the original lease agreement. Unless the sublease agreement expressly transfers these obligations to the sublessee (which generally requires landlord consent), the sublessor remains legally liable under the lease.

Subleasing Rights

A sublessee can legally enforce any promises made by the sublessor in the sublease agreement. However, unless the sublease says so, the sublessee cannot enforce any of the landlord's promises to the sublessor in the original lease, and vice versa. The sublease agreement comprises the entirety of the sublessee's rights and obligations.

Sublease vs. Assignment

In contrast to sublease, assignment effectively passes the entire remainder of the tenant's lease on to a third party, the assignee, and completely terminates a tenant's rights and obligations under the lease.

References

• "Property (6th Edition)"; Krier, James E. and Michael H. Schill and Gregory S. Alexander and Jesse Dukeminier; Aspen Publishers; 2006
• Lawyers.com: Subleasing and Assignment of Leases
• "Black's Law Dictionary (Seventh Edition)"; Garner, Bryan (Editor);1999

Resources

• "Fejfar's Introduction to Residential Landlord Tenant Lease Law"; Fejfar, Anthony J.; 2006