the difference between a tenant and a subtenant?
A tenant has signed
a lease or rental agreement with a landlord. A subtenant, on the other
hand, is someone who subleases or rents all or part of the rental property from
a tenant, and does not sign a lease or rental agreement with the landlord. There
are a few different types of subtenants:
Savvy landlords want all occupants of a rental unit to sign
a lease or rental agreement and typically prohibit
subtenants without the landlord’s written consent. This gives the landlord
some control over who lives in the rental unit and a legal relationship with
all residents (crucial when it comes time to collecting rent or ending a
tenancy). In a few states, including California and Florida, landlords may not
unreasonably withhold their consent to a subtenancy, unless they have a good
business reason for doing so (for example, if a subtenant does not meet the
landlord’s criteria for selecting tenants, in terms of credit history,
references, and the like).
a more detailed discussion of the rights of tenants and subtenants, see Nolo’s
book Every Tenant’s Legal Guide (or, California Tenants’ Rights, if you rent
property in California).
by: Marcia Stewart
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