Can a Sub-Lease agreement continue after the original lease agreement expires?
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Can a Sub-Lease agreement continue after the original lease agreement expires?
I rented a home 1 july 2015 with a 12-month lease agreement and within the lease agreement, the homeowner/landlord approved that I can sublease the rental home.
3 months into my 12-month rental lease agreement, I purchased a home of my own
and
I sub-leased the rental home on 26 October 2015 with a 12-month sub-lease agreement and signed the sub-lease agreement as ‘The Landlord’s Agent’, so the homeowner/landlord has a tenant in the rental home past beyond my agreement expires.
QUESTION 1
Can I get my deposit back on my lease agreement expiration date?
QUESTION 2
does the tenant in the sub lease agreement keep their lease agreement through October 25, 2015 and just pay the homeowner/landlord?
Asked on June 8, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, a sublease does NOT continue after the expiration of the main lease: the main tenant cannot convey anything--i.e. use or occupancy of the premises--he or she does not have, so once your lease expires, you can't give possession or use to the subtenant and they have to leave. If the don't leave on time, there will be holdover rent owed to the landlord by YOU, the one who leased the property, for the continued occupancy and you will have to pay the landlord. (The subtenant is obligated only to you, not the landlord; you are the one obligated to the landlord.) And if/when the subtenant is evicted due to your lease expiring, the subtenant may sue you for breach of contract and/or fraud.
Of course, the landlord could choose to offer to rent directly to the subtenant, and the subtenant could choose to do that, ending the problem--but is voluntary for both of them; either could choose to not do this, and you will be caught legally in the middle.
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