What is Subletting?
Subletting occurs when a tenant rents out all or part of their rented premises to a third party (sub-tenant). The original tenant becomes a sub-landlord while remaining responsible to the original landlord.
Legal Position in Pakistan
In Pakistan, subletting without the landlord's written consent is generally prohibited under provincial rent laws. Most standard rent agreements include a clause explicitly prohibiting unauthorized subletting.
Consequences of Unauthorized Subletting
- Agreement Termination: The landlord can terminate the tenancy
- Eviction: Valid ground for eviction proceedings
- Legal Action: Breach of contract can lead to legal liability
- Security Deposit Loss: May forfeit the security deposit
How to Sublet Legally
- Get written consent from the landlord
- Create a subletting addendum to the original agreement
- Ensure the sub-tenant agrees to all original terms
- The original tenant remains responsible to the landlord
Tips for All Parties
For Original Tenants
- Always get written permission before subletting
- Create a proper sub-tenancy agreement
- Remember you're still liable to the landlord
For Landlords
- Include a clear subletting clause in your agreement
- Verify the sub-tenant's identity if you consent
- Consider creating a three-party addendum