释义 |
sublease (subtenancy, underlease) A lease granted by a person who is himself a lessee of the same property. The sublease must be shorter than the main lease. Thus a lessee with a lease for 10 years can grant a sublease for a period up to 10 years less one day. The formalities for creating and terminating a sublease are the same as those for a lease. There is often a covenant in a lease prohibiting subletting. If a lessee sublets in breach of the covenant the sublease will be valid, but the landlord may have a right of forfeiture of the lease. In some cases the lease specifies that the lessee may only sublet with the landlord’s consent. In this case, the landlord may not withhold his consent unreasonably and he cannot charge a fee for giving his consent unless there is express provision for this in the lease. If the main lease is forfeited, any sublease automatically comes to an end, subject to that subtenant’s right to apply for relief from forfeiture. However, the surrender of a lease does not affect any sublease. |