What subletting means
Subletting is a tenant becoming a landlord without ceasing to be a tenant.
You hold the tenancy from the owner. You then grant somebody else the right to occupy, in whole or in part, for a period shorter than your own term. You remain liable to your landlord throughout.
That last point is what tenants underestimate. If your subtenant stops paying, your landlord does not care. Your rent is still due.
How it is used
It happens where a tenant travels, relocates for work, has spare space, or wants to reduce their own cost. In commercial property it is common where a business takes more space than it needs and sublets part of it.
Most tenancy agreements address it directly, either prohibiting subletting entirely or permitting it only with the landlord's prior written consent. Subletting in breach of that clause is a breach of your tenancy and can be grounds for recovery of possession.
Key features
- The head tenant remains liable to the landlord for rent and obligations
- The sublease must be shorter than the head tenancy
- Usually requires the landlord's prior written consent
- Creates a separate relationship between the tenant and the subtenant
- The landlord generally has no direct contract with the subtenant
How this works in Nigeria
Check the tenancy agreement before doing anything. Nigerian residential agreements commonly prohibit subletting outright, and enforcement is real, particularly in estates with rules about occupancy.
Where consent is given, get it in writing and put the sublease in writing too. Informal arrangements where a tenant lets a relative or friend occupy in exchange for money are the ones that produce disputes nobody documented.
Subletting vs assignment
Subletting keeps you in the picture. You grant a shorter interest, remain the landlord's tenant, and remain liable for the rent.
Assignment transfers your entire remaining interest to somebody else. Done properly, the new tenant steps into your shoes and you exit the relationship.
So for a tenant who wants out completely, assignment is the clean route and subletting is not. Tenants who sublet expecting to be free of the tenancy discover otherwise when the subtenant defaults.
Limits and risks
You cannot grant more than you hold. A tenant with eight months left cannot sublet for a year.
Subletting without consent, where consent is required, is a breach of the tenancy that can be used against you. It also gives the subtenant a weak position, since their occupation depends on a tenancy that may itself be terminated.
Worth knowing
Get consent in writing and put the sublease in writing. A subtenant who stops paying is your problem, not your landlord's, and your rent falls due regardless.
Questions people ask
Do I need my landlord's permission to sublet?
Almost certainly. Most Nigerian tenancy agreements either prohibit subletting or require the landlord's prior written consent. Check your agreement before making any arrangement.
What is the difference between subletting and assignment?
Subletting grants a shorter interest while you remain the tenant and remain liable. Assignment transfers your whole remaining interest, so the new tenant takes your place and you exit.
What happens if my subtenant stops paying?
You still owe your landlord. The landlord's contract is with you, not with your subtenant, so their default is your problem to solve and your rent falls due regardless.
Can my landlord evict my subtenant?
The landlord's remedy usually runs against you as the tenant. If your tenancy ends, the sublease generally cannot survive it, which is why a subtenant holds a weaker position than they often realise.
Should a sublease be in writing?
Yes, always. It should state the rent, the term, what is included, and the fact that it is a sublease. Informal arrangements with friends and relatives are the ones that end badly and have nothing to fall back on.