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ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Tenants

What is the difference between subleasing and reletting?

In reletting, the landlord signs a completely new lease with the replacement tenant and releases the original tenant from the obligation to pay rent.

In subleasing or subletting, the first tenant rents to another one. Although the subtenant now has the obligation to pay rent, the original one still remains responsible for the remainder of the lease term. Therefore, if the subtenant fails to pay, the landlord may sue the original tenant for the rent even though that tenant is no longer using the premises.

The original tenant may also be liable for damages if the subtenant breaches the lease or destroys the property.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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