Parties to a lease › Sublessor vs subtenant

Sublessor vs subtenant

When a tenant rents the unit — or a room — to someone else, the original tenant becomes the sublessor and the new occupant becomes the subtenant. A chain of two contracts is created: the master lease between landlord and sublessor, and the sublease between sublessor and subtenant. The sublessor sits in the middle and remains liable to the landlord.

The chain of tenancy

Contract	Parties	Who owes rent to whom
Master lease	Landlord ↔ original tenant (sublessor)	Sublessor pays landlord
Sublease	Sublessor ↔ subtenant	Subtenant pays sublessor

Sublessor duties

Continue to pay the landlord the rent due under the master lease.
Obtain written landlord consent before subletting (required in almost every lease).
Hand over a copy of the master lease so the subtenant knows the rules.
Return the subtenant's deposit at sublease end, less lawful deductions.
Remain liable for damage caused by the subtenant unless the master lease says otherwise.

Subtenant rights and limits

Occupy the portion of the premises described in the sublease.
No greater rights than the sublessor has — if the master lease ends, the sublease ends.
No direct recourse against the landlord for deposit return in most states.
Entitled to habitability — the landlord's warranty flows through.

When the sublessor is off the hook

Almost never, unless the landlord signs a novation that releases the sublessor and substitutes the subtenant as the new primary tenant. What the lease then becomes is an assignment, not a sublease. Without novation, the sublessor remains jointly liable for rent, damage and any lease violation by the subtenant until the master lease expires.

India practice

Section 108(j) of the Transfer of Property Act 1882 allows sub-letting unless the contract forbids it — and virtually all Indian leave-and-license agreements do forbid it. Unauthorised sub-letting is a ground for eviction under the Model Tenancy Act 2021 and under all state rent-control laws. Where permitted, the sublessor-subtenant relationship mirrors the US chain above.

FAQs

Who is the sublessor in a sublease?

The sublessor is the original tenant who rents out the unit, or a room within it, to a new occupant. The sublessor remains on the master lease and is still responsible to the landlord for rent and damages.

Is the subtenant on the original lease?

No. The subtenant has a contract only with the sublessor. The subtenant is not in privity with the landlord, which means the landlord generally cannot sue the subtenant directly for rent — only the sublessor can.

Can a landlord evict a subtenant if the sublessor stops paying rent?

Yes. If the original tenant (sublessor) defaults on the master lease, the landlord can evict the entire unit — including the subtenant — because the subtenant's right to occupy depends on the sublessor's right, which has been terminated.