New York State Real Estate Salesperson Licensing Exam

Who is responsible for the terms in a lease if the unit has been subleased?

1. The landlord

2. The original lessee

3. The sublessee

4. The property manager

The correct answer is: The original lessee

The original lessee is responsible for the terms in a lease if the unit has been subleased. This stems from the fact that the lease agreement is a contract primarily between the landlord and the original lessee. When the original lessee decides to sublease the property, they remain the primary tenant and retain responsibility for complying with the lease terms. In a sublease situation, the sublessee enters into a separate agreement with the original lessee. While the sublessee must adhere to the conditions of their sublease agreement, any failure by the sublessee to pay rent or adhere to the lease terms ultimately falls back on the original lessee. This means the original lessee could be liable for any breaches of the primary lease or damages incurred during the sublease period, which aligns with standard leasing practices and recognized landlord-tenant laws. The landlord, while still having some oversight, typically holds the original lessee accountable for the actions of any sublessees. The property manager may assist in managing the property but does not assume responsibility for the lease terms; that remains with the original lessee. Thus, the relationship and obligations established in the original lease agreement dictate that the original lessee bears the responsibility, even after having subleased