Definition of "Sublease"

Pam  Gabriel real estate agent

Written by

Pam Gabrielelite badge icon

RE/MAX Lakefront Realty Inc

If you came here looking for the Sublease definition, chances are that you know what it means, but you need more information about it, with scenarios and facts to better grasp it. That’s why we’re here!

The obvious and stiff sublease definition is that of a lease agreement between the lessee of an original lease, and a new lessee. For example: John signs a lease for an apartment with its owner Brian that allows John to sublease it to another person if desired. John unexpectedly is offered a position in Europe and, whether out of fear of not liking it and deciding to get back or because his bilateral contract with Brian would require him to pay off a large early termination fee he is not willing to pay – John decides to sublease the apartment for the remaining term of the original lease to a friend called Regina.

The thing is: the sublease represents the agreement between John and Regina. Brian, the original lessor, is *not* a party to the sublease. Any dispute between owner Brian and lessee John typically cannot be passed on to lessee Regina, just like any dispute between Regina and John cannot be passed on to its owner Brian. Because of that confusion and lack of accountability, most renters frown upon and do not accept any subleases to their properties.

A sublease is not illegal. Actually; it’s not a matter of being legal or illegal – it’s up to whoever is the real estate owner to tell them how their home is to be used. However, because of shared responsibilities, there are some cases where, even if the homeowner is fine with a sublease, he or she might not go forward with the idea because the Homeowner’s Association (HOA) does not permit subleasing – typically over claims that the lack of accountability and control that subleases provide produces instability, lack of safety, and, ultimately, devalues the properties within the Homeowner’s Association.

Real Estate tips:

How about that sublease definition? Now you got a better grasp at it, right? We’ll bet you a real estate agent can bring even more insight into that; contact one now!

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Room that is fit for living in. the building in which the room is located conforms with the building code and has a certificate of occupancy. Usable for all purposes, but does not include ...

Rate of return of capital invested in building improvements. Is segregated from land investments and provides a method of separating property income streams between improvement and land ...

The meaning of a development impact fee or impact fee defines a one-time cost the local government imposes on a brand new or planned development project (regularly on a property developer.) ...

People can use the term disclosure in ordinary day to day activities. The definition of disclosure is to expose yourself, to show the truth without omitting any important information. ...

Wondering what is the baseboard definition? Baseboard is a detail piece placed at the spot where the floor meets the wall. Typically made out of wood, vinyl or PVC plastic, the baseboard ...

Degree of construction of residential property measured in number of units or dollar value. ...

Owner-occupied housing. ...

Paneled brickwork between timber quarters, a framed wall, or partition. ...

Sewer system built into the streets of a neighborhood that is capable of accommodating the excess water flow of a heavy storm without backing up or flooding. ...

Popular Real Estate Questions