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Who is the lessor, the lessee, the sublessor and the subtenant?
The landlord is responsible for the property, he is the one who will receive the rent. The tenant is the tenant of the landlord, both will sign a lease. If the lessor authorizes the sublease, and we will see below how this should be done, the lessee may also become both lessee and sublessor and will transfer his rights of use and enjoyment of the property to the sublessee, who will pay the rents to the sublessor.
How can I sublet the property I rented?
In order for the lessee to offer his property to third parties, it is necessary and mandatory, under penalty of breach of contract, to obtain the lessor's prior written consent in the lease agreement through a clause authorizing the sublease.
In case the lease is already in force, a contractual amendment must be drawn up, inserting the clause that allows such practice. Once the lessor is notified of the lessee's interest in subletting the property and there is no written statement by the lessor, the suggestion is that the lessee does not sublet the property in order not to suffer the penalties of breach of contract, which can lead to a fine and even an eviction action . This is what Article 13 of the law provides:
Art. 13. The assignment of the lease, the sublease and the loan of the property, in whole or in part, depend on the prior written consent of the lessor.
- 1 Consent is not presumed due to the lessor's simple delay in formally expressing its opposition.
- 2 Once notified in writing by the lessee, of the occurrence of one of the hypotheses of this article, the lessor will have a period of thirty days to formally manifest its opposition.
What is the relationship between the lessor and the subtenant?
There is initially no legal relationship between the lessor and the subtenant. The lessor must only know the situation and authorize the practice as we have already seen, but this scenario may change if the lessee (and sublessor) defaults on the payment of rents.
In this situation, once the sublessee is notified by the lessor that the rents are not up to date, the sublessee must pay the amounts directly to the lessor and no longer to the sublessor, under penalty of paying twice, even if it is paid correctly to the sublessor being the law in its art. 16 quite clear with this situation, see:
Art. 16. The sublessee is in the alternative to the lessor for the amount owed to the sublessor, when the latter is demanded, and also for the rents that are due during the dispute.
And the rent?
As for the rent value, the law defends that it cannot exceed the lease value, unless the property is a multi-family house, in which case, the total rent of the subleases cannot exceed twice the value of the original lease.
If the sublessor is not complying with the standard and charging higher amounts, the subtenant is authorized to reduce the rent up to the limits established in the main contract, which is the lease contract.
This is because the sublease agreement is an accessory to the lease agreement and must respect the contracted limits.
Art. 21. The rent of the sublease cannot exceed that of the lease; in multifamily collective housing, the sum of rents cannot exceed twice the rental value. Single paragraph. Failure to comply with this article authorizes the subtenant to reduce the rent up to the limits established therein.
What is the contractual term?
The contractual term of the sublease must follow the same conditions as the lease agreement, that is, upon termination of the lease, whether for any reason, the sublease automatically terminates, and the sublessee may claim compensation from the sublessor if applicable. Look:
Art. 15. Upon termination or termination of the lease, whatever its cause, the subleases are resolved, ensuring the sublessee's right to indemnity against the sublessor.
