Sublet

Sublet or subletting permits someone to rent or lease all or part of a house or building that is already rented from someone else.

A sublet is to lease or rent all or part of a leased or rented property.

Subletting is also described in the following ways:

• Subletting is renting to another person, part of a building or whole of the building, that is rented from someone 

• A sublet is to rent all or part of a rented apartment, house, or part of a building to someone else.

Usually, the original lease agreement contains the provision of whether a tenant can sublet or sublease the property. So, when accepting and signing a rental agreement, it is absolutely important to have clarity with the landlord on the aspect of sublet or sublease.

In India, subletting is rarely allowed in the rental/lease agreement between landlords and tenants. However, subletting is allowed and legal if it is practised with the prior consent of the landlord. 

On subletting, based on the verdict of the highest court of the land, one can deduce that Subletting or parting with the possession of the whole or part of the tenanted premises is not permitted without obtaining the written consent of the landlord, and if violated presents the ground for eviction of the tenant by the landlord.

Subletting may violate the terms of a mortgage, if there is one, giving the lender the right to withdraw the loan. It may also invalidate the building’s insurance, meaning one will have to look elsewhere for insurance with a premium increase.