What is a 'sublease'?

A sublease is defined as an arrangement where the original tenant leases the property to another party while still retaining interest in the lease. This means that the original tenant (often referred to as the sublessor) maintains responsibility for the lease agreement with the landlord while allowing a third party (the sublessee) to occupy and use the leased property. The original tenant essentially becomes a landlord to the sublessee, but the primary lease remains in effect with the original landlord.

This arrangement can be beneficial for both parties. The sublessee gains a place to live or work without having to negotiate directly with the landlord, while the sublessor can cover their lease obligations, particularly if they need to vacate the property temporarily. Importantly, most leases include provisions regarding subleasing and may require landlord approval, which is why the option stating that a sublease does not need landlord consent is incorrect. Additionally, it is important to note that a sublease does not terminate the primary lease; instead, it coexists with it, distinguishing it from a termination of the lease or an extension of the original agreement.