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Sublease

A sublease is when a tenant rents out all or part of their rented space to someone else, called a subtenant, while the original tenant remains responsible to the landlord.

What it actually is

In a court case, a sublease typically arises when a tenant (the sublessor) transfers possession of the premises to a third party (the sublessee) for a term shorter than the tenant's own lease. The original lease between the landlord and tenant remains in effect, and the tenant continues to owe rent and other obligations to the landlord. The sublease agreement is a separate contract between the tenant and subtenant, and the landlord usually must consent unless the lease says otherwise.

Why it matters in your case

If you are a tenant who subleased your apartment and the subtenant stops paying rent or damages the property, you are still legally liable to the landlord for those losses. If you are a subtenant, you have rights against the tenant who subleased to you, but generally no direct rights against the landlord unless the landlord accepted rent or otherwise acknowledged you.

The common misunderstanding

Many people mistakenly think a sublease transfers all rights and duties to the subtenant, but the original tenant remains fully responsible to the landlord. Another common error is confusing a sublease with an assignment, where the tenant transfers their entire remaining lease term and usually steps away from liability.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.