Legalese (2009 Week 14)


Sublease – in a sublease, the lessee of property enters into an agreement with another person, called the sub-lessee, for the lease of the lessor’s property.


ARTICLE 1650. When in the contract of lease of things there is no express prohibition, the lessee may sub-let the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.  (Civil Code)


In a lease contract, the lessor leases property to the lessee.  If there is no prohibition in the lease contract, the lessee may sublease the leased property to another person.  In a sublease, the lessee remains a party to the lease contract between the lessor and the lessee.  The lessee also remains liable for all his obligations under the lease contract.  [See: Comments and Cases on Sales and Lease [2005], p. 596-597]


Spouses N and G leased their apartment to V.  The lease agreement prohibited the subleasing of any portion of the leased property.  V accepted eight boarders in the apartment.  Did V violate the prohibition against subleasing?   [See: Comments and Cases on Sales and Lease [2005], p. 598-600, citing Malasarte vs. Court of Appeals, 178 SCRA 310 (1989)]