What is a sublease?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A sublease refers to an agreement where a current tenant (the sublessor) allows another individual (the sublessee) to rent all or part of the property that the tenant is leasing from the landlord. This arrangement essentially creates a temporary rental relationship between the new tenant and the original tenant, while the original lease with the landlord remains intact.

The reason this definition fits subleasing is that it specifically involves the tenant acting as an intermediary who is still responsible to the landlord under the primary lease, but is allowing someone else the right to occupy the space. The original landlord's rights and obligations are not directly modified by the subleasing agreement, which is crucial to understanding how subleases work.

In contrast, the other options do not accurately capture what a sublease is. A lease issued directly by the landlord pertains to a separate rental agreement rather than the tenant's arrangement with a third party. A direct agreement between a landlord and a new tenant would signify a new lease rather than a sublease. Lastly, a contract for neighboring properties does not relate to the concept of subletting, as it involves agreements unrelated to existing tenants or their rights to sublease their property.

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