Subleasing is a contract between a tenant renting out their existing rental and another tenant. In a subleasing contract, the original tenant becomes the sublessor while the new tenant is the sublessee.
While a sublease is an effective way for sublessors to rent a property, they are still responsible for the property as per their original contract with the landlord.
If the sublessee damages the property, the landlord will deal with the sublessor, not the sublessee.
While some lease contracts may prohibit the subleasing of the property, the landlord may still benefit from it. For example, a sublease ensures the property doesn’t stay vacant for too long.
Similarly, when landlords allow subleasing, they don’t have to look for and deal with subletters; the tenant does it for them.
Likewise, the landlord only has to deal with the tenant, not the subtenant.
There are also reasons why landlords would not want to allow subleasing. First and foremost, when landlords allow subleasing, they lose control over who gets to live on their property.
It means they can’t select the subtenants, which may result in unreliable individuals residing on their property.
Similarly, the landlord cannot dictate the clauses in the subleasing agreement.
How does sublease work?
Subleasing is straightforward, but some may find it complex due to two separate contracts. For a sublease to exist, a landlord must lease their property to a tenant.
Usually, the lease will include a contract, which will specify whether the tenant can sublease the property or not.
Through this contract, landlords can transfer the rights to the possession and use of their property to the tenant.
The contract will specify the length of time for which the contract is valid and the rent the tenant must pay the landlord.
On the other hand, a sublease is a separate contract from the original lease contract. In a sublease contract, the landlord is not involved at all.
The subleasing contract starts when the tenant wants to lease the property even further to a new tenant.
As mentioned above, the original lease agreement must allow the tenant to sublease the property for this to be possible.
Furthermore, the tenant may also need to obtain written confirmation from the landlord to ensure there are no complications in the future.
Once the tenant ascertains the possibility of a sublease, they can start looking for possible candidates for the sublease.
The process may take a while, but once the tenant finds some candidates, they can select the best option from them.
The landlord may also have some requirements regarding the subtenants that the tenant must meet. Once the tenant fulfills all the selection requirements, the sublease agreement can begin.
When the tenant and subtenant enter a contract for the property, it is known as a sublease agreement.
Through this contract, the tenant further transfers their property’s right of possession and use to the subtenant.
Like the original contract, the sublease contract will also contain information regarding the rent that the subtenant must pay, and the length of the sublease contract, which cannot exceed the length of the original lease contract.
In case of a sublease, the subtenant will pay the rent to the tenant instead of the landlord.
The sublease contract may also contain some terms from the original lease contract. Through this, the tenant can ascertain that all rules apply to the tenant and the subtenant.
Similarly, the tenant must also ensure that the terms in the sublease contract do not violate the terms of the original lease contract.
The tenant must also include any other terms or clauses that can protect them against any violation by the subtenant.
Despite a sublease contract, the responsibility for the property still lies with the tenant. It means, that if the subtenant violates any rules of the sublease agreement or damages the property, the tenant will have to account for it to the landlord.
For example, if the subtenant damages the property or fails to pay rent on time, the tenant will have to compensate the landlord for it under the original contract.
The tenant can still recover the amount from the subtenant through the sublease contract. However, it won’t involve the landlord. In summary, the landlord will deal with the tenant, and the tenant will deal with the subtenant.
Conclusion
A sublease is a contract between a tenant and a subtenant for the use of a property. For a sublease contract to exist, the tenant must already have a lease contract with a landlord.
Through a lease contract, the landlord transfers the right to possession and use of their property to the tenant.
The lease agreement will also specify whether the tenant can sublease the property or not.
Through a sublease or contract, the tenant further transfers the property’s right to possession and use to the subtenant.
In this process, the landlord will deal with the tenant while the tenant will further deal with the subtenant.
