Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 15
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39for double the amount of the security
course, the original tenant may have a legal
deposit retained.
cause of action against the subtenant for a
violation of the sublease.
The tenant may be required to file suit
in certain circumstances. The burden of
The following are important terms to
filing suit shifts to the tenant if:
understand:
• Landlord: The party agreeing to transfer
a) The tenant failed to provide his or her
forwarding address in writing within 4
possession and use of the rental
days of terminating occupancy; OR
property, usually the owner.
• Tenant OR Sublessor: The party taking
b) The landlord failed to respond – by mail
– to the itemized list of damages within
possession and use of the rental property
7 days of receiving it; OR
from the landlord under a lease contract.
• Subtenant OR Sublessee: A third party
c) The landlord failed to return the tenant’s
deposit after receiving the tenant’s
who takes possession and use of the
response disputing the amount assessed
rental property from the original tenant,
against it.
under a sublease contract. The subtenant
contracts with the original tenant – not
Subleasing
the landlord – but generally with the
landlord’s permission.
• Sublease: The contract between the
Subleasing occurs when a tenant permits
another party to lease the rental property that
original tenant and subtenant,
the tenant has leased from the landlord.
transferring, again, possession and use of
(Note: Usually the lease or the landlord must
the rental property. A written sublease
allow the original tenant to sublease, and
contract provides the best protection.
most leases specify that the landlord must
Because a sublease can only transfer
approve of the subtenant). The tenant, then,
what is left of the rights given to the
assumes the position of landlord in relation
tenant in the original lease, it is
to his or her subtenant. Subleasing usually
important that the tenant provide the
occurs because the tenant has signed a fixed-
subtenant with a copy of the original
term lease and wants – for whatever reason
lease.
– to get out of the lease before it expires.
Q1 Does the landlord have to agree to the
Since the original tenant is bound by the
sublease?
terms of the lease, he or she cannot simply
leave the property and stop paying rent. To
Generally, yes. Most leases specify that
avoid the financial burden of the unexpired
subleasing or assigning an interest in the
portion of the lease, the tenant usually tries
rental property is not allowed without the
to find a subtenant who will assume that
landlord’s consent, OR that subleasing or
burden.
assigning is not allowed at all. But if the
original lease agreement is silent, then the
A word of warning: Subleasing is not
tenant need not seek the landlord’s
without its problems – so put it in writing.
permission before entering into a sublease.
Under a sublease, the original tenant is still
However, as a practical matter, the tenant
bound by contract to the landlord on the
should notify the landlord of the sublease
terms of the lease. If the subtenant stops
ahead of time. First check the terms of the
paying rent or causes damage to the rental
original lease, then, if permission is
property, the original tenant – not the
required, check with the landlord.
subtenant – must answer to the landlord. Of
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 13
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