Casa Academy

Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Subleasing

Subleasing is a lease arrangement where the original tenant (sublessor) grants possession to a third party (sublessee) while remaining primarily liable to the landlord under the master lease, subject to landlord consent and the terms of the original lease.

Exam context

Subleasing: original tenant remains liable on master lease. Sublessee pays sublessor, not landlord directly. Landlord consent often required. Differs from assignment where tenant transfers entire interest.

Relationship to the master lease

The sublessor keeps the direct contractual duty to the property owner. If the sublessee stops paying or damages the unit, the sublessor must still satisfy the master lease unless the landlord releases them. Most residential and commercial leases require written landlord approval before subleasing. A prohibited sublease may constitute a lease violation.

Agent responsibilities

Before marketing a sublease, verify the master lease allows it and obtain required consent. Disclose who holds primary liability to all parties. Sublease rent cannot exceed lawful caps where rent control or stabilization applies. Short-term rental bans may override sublease plans even when the master lease is silent.

Examples

  • Corporate relocation

    A tenant on a two-year lease subleases the apartment for six months during a work assignment, collecting rent from the sublessee while continuing to pay the landlord under the master lease.

  • Default liability

    A sublessee vacates without paying. The original tenant must cover April rent to the landlord because the master lease obligation survives the sublease default.

Keep studying

Practice subleasing questionsEnroll in pre-licensing

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