Can Your Tenant Be the Landlord of a Third Person?
Updated 10 days ago (March 6, 2026)
A person may rent out all or part of a property to a tenant without entering into a lease or rental agreement with the landlord. This person is a "subtenant".
The tenant functions as the subtenant's landlord. The sublessee shall be responsible to the lessee for the rent agreed upon by both parties. However, the tenant is still responsible to the landlord for the rent.
A subtenant has an agreement only with the tenant. As a result, the subtenant does not have the same legal rights and responsibilities as a tenant.
The subtenant's right to stay depends on the tenant's right to stay. So if it is legal to evict the tenant, then you can evict the subtenant. For example, if the lease or rental agreement forbade the tenant from subleasing without the landlord's consent, and the tenant brought in a subtenant anyway, the tenant would be in breach of the lease. The landlord could evict the tenant for this breach, and as the subtenant's right to stay depends on the tenant's right to stay, the landlord could evict the subtenant, too.
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
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