A tenant enters into a lease or rental agreement with a housing provider, while a subtenant occupies all or part of the rental property without directly engaging in an agreement with the housing provider. There are various subtenant examples:
- Co-occupants are individuals who live in the rental unit alongside the tenant but are not listed on the original lease or on a lease addendum as official occupants. For example, a tenant’s partner who lives in the unit without being a lease signatory would be considered a co-occupant. However, if the partner’s stays are infrequent or short-term, they are generally classified as a guest. Most lease agreements include limits on the duration of guest stays to prevent informal arrangements from becoming de facto subtenancies.
- Temporary renters (subletters) who lease the apartment while the tenant is away, such as during summer vacations. In this case, the tenant acts as the housing provider for the subtenant and usually retains the right to terminate the sublease and evict if necessary.
- A tenant moves out of the area for work and/or family related responsibility during their lease agreement and needs someone to take over the property until it ends.