A sub-lessee is a person or entity that leases all or part of a property from the original tenant (the sublessor), not from the landlord. This relationship is created by a sublease agreement under which the sub-lessee pays rent to and occupies the space under terms set by the original tenant for a portion of the remaining lease term.
Landlord → primary lease → Original tenant (sublessor) → sublease agreement → Sub-lessee. The landlord enforces the original lease against the original tenant; the sub-lessee’s obligations are to the sublessor under the sublease.
| Party | Role | Contract with | Primary responsibilities |
|---|---|---|---|
| Landlord | Property owner | Original tenant | Collect rent from tenant; enforce lease terms |
| Original tenant / Sublessor | Primary lessee who subleases | Landlord; sub-lessee | Pay rent to landlord; remain liable for lease obligations; manage sublease |
| Sub-lessee | Occupant who rents from the original tenant | Original tenant (sublessor) | Pay rent to sublessor; follow sublease agreement terms |
Yes. Many leases require landlord approval before subleasing, and local laws may affect when a landlord can refuse. Always check the primary lease and applicable state/local rules.
Generally no—the sub-lessee’s contract is with the original tenant. The original tenant stays legally responsible to the landlord. However, some arrangements (like an assigned lease) change this dynamic—assignment is different from subleasing.
A sublease can be for any period agreed by the parties but cannot extend beyond the original lease term unless the landlord agrees to a new primary lease or assignment.
A sub-lessee gains occupancy and use rights from the original tenant without entering into the primary lease with the landlord. Subleasing gives flexibility to tenants and access to space for sub-lessees, while the original tenant remains the party legally accountable to the landlord.