It is important to remember that under the original lease, and for as long as the subletting or transfer lasts, the principal tenant is responsible for the rent and the condition of the premises. The subtenant is only responsible for the principal tenant and a sublease contract automatically terminates the termination of the main tenancy agreement. If a tenant interferes with the property, the landlord will sue the principal tenant or Zendesteller, who can then sue the tenant for rent or damage to the premises for which the landlord is entitled. Under a sublease agreement, this third party is known as a subtenant and has the same rights and obligations as other tenants. They would act as the tenant`s landlord and be responsible for their behaviour and any loss or damage they cause. A tenant who leases part of the premises under a separate written tenancy agreement to another person is the principal tenant. You have the rights and duties of one owner to the other person. When a tenant mentioned in an agreement grants another person the right to lease part or all of the property, they are designated as the principal tenant. A common law agreement is more flexible than a rental contract, because roommates can accept all the conditions.
However, since all terms must be negotiated and agreed, common law agreements are often not as comprehensive or defined as a lease agreement. This may mean that more time and money are needed to resolve disputes. Every tenant has the right to sublet unless the landlord is exempt from the provision of the Residential Tenancies Act 1995 (SA) which provides for a sublease [s 74]. An exception applies when the owner is a registered communal housing organization [s 74 (2a)]. If you rent someone else`s commercial premises, you can also rent all or part of that space to another owner. As with a sublease, you must first check whether your own lease allows it and that your landlord is willing to give written consent. Most leases provide that the landlord cannot respect consent unreasonably, but this is not always the case. In addition, the lessor has the right to refuse consent, whether or not it is reasonable whether the sublease agreement you are proposing applies to the entire lease or to the entire building.
Commercial subletting most often ends in large multi-storey office buildings in major cities. These buildings are owned by strata companies or organizations that lease them to property management companies.