Also known as: undertenants · undertenant's · subtenant
Written by attorneys · grounded in primary & secondary sources — see below
A person who leases property from a tenant under a sublease rather than directly from the landlord.
Ugo Ucelli leased an office building to Uptown Apparel. Uptown Apparel then subleased a portion of the space to Uma Upadhyay as undertenant. Ugo knew of a hidden structural defect creating an unreasonable risk of harm but did not disclose it. Uma was injured when the defect caused a collapse after she took possession. The landlord faces liability to the undertenant under the applicable rule.
Universal Motors leased a warehouse to Ultrasonic Dynamics. Ultrasonic Dynamics subleased part of the space to Ugo Ucelli as undertenant. The lease required the landlord to maintain the roof. A leak developed that the landlord failed to fix despite notice, injuring Ugo. The landlord is liable to the undertenant for the resulting harm.
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Ursula Upton leased an apartment building to Urban Utley. Urban subleased a unit to Una Ueda as undertenant. The premises violated the implied warranty of habitability due to faulty wiring that the landlord failed to repair. Una suffered injury from an electrical fire. The landlord is subject to liability to the undertenant.
Umbra Technologies leased lab space to Uptown Apparel. Uptown subleased a section to Uri Underwood as undertenant. The landlord performed repairs on the ventilation system but did so negligently, creating a hidden danger that appeared safe. Uri was harmed by toxic fumes. The landlord is liable to the undertenant for the worsened condition.
Ugo Ucelli leased an office floor to Universal Motors. Universal subleased half the floor to Ursula Upton as undertenant. The landlord retained control of the elevator serving the leased space. The elevator had a known defect that reasonable care would have discovered and fixed. Ursula was injured using it. The landlord is liable to the undertenant.
Uma Upadhyay leased a retail building to Ultrasonic Dynamics. Ultrasonic subleased a storefront to Urban Utley as undertenant. The landlord retained control of the loading dock necessary for safe use of the leased space. A hazardous condition on the dock caused injury to Urban. The landlord is liable to the undertenant because reasonable care would have made the area safe.
An undertenant receives protection under landlord liability rules for dangerous conditions and repairs when the undertenant is lawfully on the property with the consent of the tenant. The rules explicitly extend liability to persons upon the leased property with the consent of the tenant or subtenant.
Yes. Several rules impose liability on the landlord for dangerous conditions or disrepair that arise after the tenant takes possession when the landlord has a duty to repair or has made negligent repairs.
An undertenant holds its interest under a sublease from the original tenant rather than directly from the landlord. The undertenant's rights are derivative of the tenant's lease and subject to its terms.
…Hicks, “The Contractual Nature of Real Property Leases,” 24 Baylor L. Rev. 443 (1972); Note, “Right of Lessor to Refuse any Subtenant When Lease Prohibits Transfer Without Consent,” 41 Minn. L. Rev. 355, 357 (1957). This Court has taken the lead in requiring that landlords provide housing services to tenants in…