In the world of property law, a subtenant is someone who rents property from a tenant, rather than from the property’s actual owner or landlord. When a tenant (or “head tenant”) leases a property from a landlord, the tenant may choose to allow other renters to live on the premises in exchange for rent; he or she is then considered the subtenant’s landlord. As such, it is important to understand the legal responsibilities that come with this arrangement.
Why Might Someone Choose to Become a Subtenant?
Subletting, or choosing to become a subtenant, can be a great option for someone looking for a place to stay who has limited resources. A tenant may be willing to pass on some of the cost of their rental agreement by allowing another person to live in the space. Subletting can also provide the tenant with extra income, allowing them to make their rent or mortgage payments each month. It is important to remember, however, that a subletting arrangement should be organized with both the tenant and the property owner’s consent.
What Are a Subtenant’s Legal Rights and Responsibilities?
Subtenants retain many of the same legal rights and responsibilities as the tenant. This includes the responsibility to pay rent and to follow all lease terms, including not damaging the property. A subtenant’s legal rights, however, are typically determined by the original lease agreement. This means that a subtenant may not have the same rights that a tenant would have should a problem or disagreement arise with the tenant or landlord. For example, the tenant may legally terminate the lease or require the subtenant to leave the property with limited notice. Subtenants also may not be covered under the property’s insurance policy.
Conclusion
When considering becoming a subtenant, it is important to understand the legal rights and responsibilities of both parties. Subtenants should ensure that they are comfortable with the terms of the original lease agreement and that they are comfortable with the expectations of their head tenant. Doing so will help ensure seamless communication, fulfillment of roles and responsibilities, and a positive tenant-subtenant relationship.