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hello im nadia mcleod from rpmre legal kits and we help you cut your legal costs with our real estate leasing kits a sublease enables a tenant who has spare space either the whole or part of a premises to sublet that space to another under a sub-lease the existing tenant will continue to be named on the lease be bound to the lease terms and liable to the landlord the lease is essentially an agreement between the sublessee and the existing tenant the existing tenant will still ultimately be responsible to the landlord even for defaults of the sublessee for example non-payment of rent or damage to the premises the existing tenant will however have rights of action against the sublistee personally and may take action to recover any damages against the sublistee when it comes to commercial or retail property you can usually sublet provided that the terms of your lease do not prevent you from doing so generally a lease will allow a tenant to sublet the whole or part of the premises provide