The sublease agreement

A sublease creates a contractual relationship between the tenant and the subtenant. It creates none between the landlord and the subtenant, whose right depends on the tenant’s right. The subtenant derives the right to use the property from the tenant, not from the landlord, and cannot rely on the sublease against the landlord. If the lease between the landlord and the tenant is said to have ended, compensation for subsequent use of the property may be claimed under Article 59 of the Bulgarian Obligations and Contracts Act against the person using it without legal grounds. When the main lease ends, the basis for the subtenant’s occupation also falls away: the subtenant cannot have greater rights of use than the tenant. Nor does subletting release the tenant from obligations owed to the landlord under the lease. Even an agreed substitution of debtor under Article 102 in respect of rent does not otherwise change the lease relationship: with the creditor’s consent a new debtor takes the tenant’s place in respect of just one obligation, the payment of rent.

This article is not a legal opinion or advice on any particular situation or person. For assistance in a similar case, consult a civil lawyer familiar with the Obligations and Contracts Act and experienced in applying it.