What does a sublease involve?

A sublease involves a temporary transfer of part of the leasing rights from the original tenant (the sublessor) to another party (the sublessee). This arrangement allows the sublessee to occupy the property for a specified duration while the original lease remains in effect. The sublessor still retains the primary responsibilities under the original lease and must ensure that the terms of the original lease are upheld during the sublease period.

Unlike a full transfer of lease rights, which would be characterized by an assignment where the original tenant relinquishes all rights and responsibilities to the new tenant, a sublease allows the original tenant to maintain some level of control and responsibility over the property. This is crucial for the original tenant, as they remain accountable to the landlord for the lease terms.

The sublease does not terminate the original lease; instead, the original lease continues to exist alongside the sublease agreement. Direct negotiation with the landlord is typically not required for a sublease unless the lease terms specifically state that the landlord must consent to any subleasing arrangement. Thus, the temporary nature of the rights transferred in a sublease accurately captures its essence.