Sublease in DC

Tenancy at Will Assigned or Sublet

“In Keroes v. Westchester Apartments, 36 A2d 263, 264 (D.C. 1944), we noted that many authorities hold that a tenancy at will, being determinable at any time, cannot be assigned or sublet by the tenant.” (See Banks v. Eastern Savings Bank (2010) 8 A.3d 1239, 1244.)

“In Comedy v. Vito, 492 A2d 276, 279 (D.C. 1985), we implicitly adopted this view, stating, when a common law tenancy at will is sublet, the tenancy is terminable on the date the landlord learns of the attempted sublease, unless the subtenant and the landlord agree otherwise; if the landlord consents, however, `a new tenancy at will is created.” (See id; RESTATEMENT (SECOND) OF PROP.: LANDLORD TENANT § 1.6 illus. d (1977).)

Tenant’s Liability Under a Sublease

“Where a tenant subleases property, the tenant has a responsibility to see that the subtenant vacates the premises in order to surrender them to the landlord without further liability.” (See Young v. District of Columbia (2000) 752 A.2d 138, 142; Sanchez v. Eleven Fourteen, Inc. (1993) 623 A.2d 1179, 1181.)

“If a subtenant holds over, it is effectively a holding over by the tenant, and the landlord can hold the tenant liable for damages for the holdover period.” (See id.)

“The tenant continues a relationship with the property as long as the subtenant remains.” (See id.)

“Of course, a landlord can consent to the continued occupancy of the subtenant and create a new tenancy with the subtenant, and thereby relieve the tenant from further responsibility to pay rent for the premises.” (See id; See Comedy v. Vito (1985) 492 A.2d 276, 279.)

Factors Considered to Determine Whether a Landlord-Tenant Relationship Exists

“A landlord-tenant relationship does not arise by mere occupancy of the premises; absent an express or implied contractual agreement, with both privity of estate and privity of contract, the occupier is in adverse possession as a `squatter.’” (See Young v. District of Columbia (2000) 752 A.2d 138, 143; Nicholas v. Howard (1983) 459 A.2d 1039, 1040.)

“Whether a landlord-tenant relationship exists depends upon the circumstances surrounding the use and occupancy of the property. Factors for consideration in that determination include a lease agreement, the payment of rent and other conditions of occupancy between the parties.” (See id; Anderson v. William J. Davis, Inc. (1989) 553 A.2d 648, 649.)