DIRECT LIABILITY OF SUBLESSOR TO LESSOR

Read also: ASSIGNMENT OF LEASE BY LESSEE

• The sublessee is not a party to the contract between the lessor and the lessee.

• Although the sublessee is not a party to the contract of lease, the sublessee is still directly liable to the lessor for acts appertaining to the use and preservation of the property.

• The lessor may bring an action directly against the sublessee if he does not use and preserve the thing leased in accordance with the nature of the property.

Ana leased a house to Ben who in turn validly subleased the house to Carla. If Carla destroys the leased house, can Ana sue her for damages?

Yes.

Civil Code says:

“ART. 1651. Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the lessee. “

Although the sublessee is not a party to the contract of lease, the sublessee is still directly liable to the lessor for acts appertaining to the use and preservation of the property. this is of course in addition to the sublessee’s obligation to the sublessor.

The sublessee is not a party to the contract between the lessor and the lessee; hence, under the general rule in contracts, the sublessee can only be held liable directly to the sublessor. Article 1651 provides an exception to the rule. The lessor may bring an action directly against the sublessee if he does not use and preserve the thing leased in accordance with the agreement between the lessor and the lessee or with the nature of the property.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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