In a sublease agreement, who is still liable for the original lease?

Get ready for the Commercial Property Management Exam. Use flashcards and multiple choice questions, each with hints and explanations. Prepare effectively!

In a sublease agreement, the original tenant remains liable for the original lease because the sublease does not eliminate the primary obligations of the original lease. While the subtenant takes on the responsibility of occupying and paying rent for the leased space according to the terms of the sublease, the original tenant retains their contractual obligations to the landlord. This liability includes ensuring that rent is paid on time, maintaining the property, and adhering to any other terms stipulated in the original lease.

In the event that the subtenant fails to meet these obligations, the original tenant must cover any defaults, such as unpaid rent or damage to the property, as the lease is still in their name. The landlord has a legal claim against the original tenant due to the direct contractual relationship established by the initial lease.

Additionally, the landlord and the property management company typically have no obligations toward the subtenant unless explicitly agreed upon in the sublease. Thus, the responsibility for the original lease and compliance with its terms fundamentally lies with the original tenant.

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