Can a Sub-Lease agreement continue after the original lease agreement expires?

UPDATED: Sep 30, 2022

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Can a Sub-Lease agreement continue after the original lease agreement expires?

I rented a home 1 july 2015 with a 12-month lease agreement and within the lease agreement, the homeowner/landlord approved that I can sublease the rental home.

3 months into my 12-month rental lease agreement, I purchased a home of my own
I sub-leased the rental home on 26 October 2015 with a 12-month sub-lease agreement and signed the sub-lease agreement as ‘The Landlord’s Agent’, so the homeowner/landlord has a tenant in the rental home past beyond my agreement expires.

Can I get my deposit back on my lease agreement expiration date?

does the tenant in the sub lease agreement keep their lease agreement through October 25, 2015 and just pay the homeowner/landlord?

Asked on June 8, 2016 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, a sublease does NOT continue after the expiration of the main lease: the main tenant cannot convey anything--i.e. use or occupancy of the premises--he or she does not have, so once your lease expires, you can't give possession or use to the subtenant and they have to leave. If the don't leave on time, there will be holdover rent owed to the landlord by YOU, the one who leased the property, for the continued occupancy and you will have to pay the landlord. (The subtenant is obligated only to you, not the landlord; you are the one obligated to the landlord.) And if/when the subtenant is evicted due to your lease expiring, the subtenant may sue you for breach of contract and/or fraud. 
Of course, the landlord could choose to offer to rent directly to the subtenant, and the subtenant could choose to do that, ending the problem--but is voluntary for both of them; either could choose to not do this, and you will be caught legally in the middle.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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