Funmilayo Olagunju Esq.

The technical difference between a lease and tenancy is duration. A lease is a form of tenancy that is three (3) years and above while tenancy is shorter and based on the agreed duration.

The object of a lease could be a vacant Land, building or premises. The owner of the leased property is called Lessor while the person to whom the property is leased is called Lessee. The owner of a property in rent is called Landlord while the person to whom the property is rented is called Tenant.

Deed of lease is the legal document regulating a lease transaction while a Tenancy Agreement regulates Tenancy relationship. The obligation of a Leasee/Tenant is governed by the content of the Deed of Lease/Tenancy Agreement.

A sublease or sublet is generally not illegal.

If there is no clause prohibiting sublease or sublet, the tenant may elect to sublease or sublet after weighing the options. When there is a clause prohibiting sublease and sublet, a tenant who violates the clause has breached the agreement.

By a way of similarity, both sublease and sublet entails the renting of a property to a new tenant by the original tenant. Sublease and sublet are similar but technically different.

A sublet occurs when a lessee/tenant find a new tenant for the property who will sign a new Deed/Agreement with the landlord. In a sublease, the new inhabitant occupies the space without signing a Deed/Agreement with the landlord.

In a sublet, payment is made directly to the Landlord while payment is received by the original tenant in a sublease.

The initial contract between the Landlord and the original tenant is terminated by a sublet. The original tenant remains under the obligation of contract with the Landlord in sublease as the new occupant is not a recognized tenant.

 The new tenant becomes responsible for all action and inaction in a sublet. The liability of the new occupant is attributed to the known tenant in a sublease.

“Brethren, I speak in terms of human relations: even though it is only a man’s covenant, yet when it has been ratified, no one sets it aside or adds conditions to it”

Galatians 3:15