Also known as: subtenants · sub-lessee · sublessee
Written by attorneys · grounded in primary & secondary sources — see below
A third party who receives by lease some or all of the leased property from a lessee.
Sean Steele leased a warehouse from the owner. Sean subleased a storage bay to Sierra Santos. The owner had known of an unstable ceiling beam but said nothing. Sierra was hurt when the beam fell, and the owner faced liability for the injury to the subtenant.
Sasha Stone leased an office suite under a lease that required the owner to maintain the HVAC system. Sasha subleased two offices to Spencer Silver. The system broke, creating unsafe temperatures. Spencer suffered harm, exposing the owner to liability for failing to honor the repair obligation.
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Steven Silva leased an apartment building subject to the implied warranty of habitability. Steven subleased a unit to Scott Summers. Plumbing defects created a health hazard that the owner failed to fix. Scott was injured, and the owner became liable for the dangerous condition.
Sentinel Security leased a retail space. The owner attempted repairs on the entry stairs but left them more hazardous. Sentinel subleased part of the space to Southland Foods. A Southland employee fell on the stairs, and the owner faced liability for the deceptive appearance of safety created for the subtenant.
Spectrum Financial leased several floors and retained use of the building lobby as an appurtenant area. Spectrum subleased one floor to Sapphire Technologies. A dangerous condition in the lobby injured a Sapphire employee. The owner became liable because it retained control over the common area used by the subtenant.
A manufacturing tenant leased part of an industrial building while the owner kept control of the loading dock needed for safe use of the leased space. The tenant subleased a portion to another company. A dangerous dock condition injured the subtenant's worker. The owner faced liability for failing to discover and correct the risk.
Yes. The Restatement provisions extend landlord liability for undisclosed dangers, disrepair, habitability breaches, negligent repairs, and retained common areas to persons on the property with the consent of the tenant or subtenant. The subtenant therefore stands in the same protected position as the tenant when the stated conditions for liability are met.
Yes. When the lease imposes a repair duty on the landlord or when an implied warranty or statute is violated, the landlord is subject to liability for physical harm to the subtenant if the disrepair creates an unreasonable risk and the landlord fails to exercise reasonable care.
It depends on the type of condition. For undisclosed dangers the liability continues only until the tenant has a reasonable opportunity to discover and remedy the risk, unless the landlord actively concealed the condition.
…Hicks, “The Contractual Nature of Real Property Leases,” 24 Baylor L. Rev. 443 (1972); Note, “Right of Lessor to Refuse any Subtenant When Lease Prohibits Transfer Without Consent,” 41 Minn. L. Rev. 355, 357 (1957). This Court has taken the lead in requiring that landlords provide housing services to tenants in…