Question 61

The lessee remains liable to the lessor.

In the event that the sibling defaults on the lease, the lessee retains responsibility to the lessor, as the original lease agreement is still in effect. The approval from the lessor for the sublet does not exempt the lessee from liability.

A) The lessee has no liability to the lessor.

This statement is incorrect. Even with the lessor's approval of the sublet, the lessee remains bound by the terms of the original lease agreement. Therefore, the lessee continues to hold liability for any defaults that occur.

B) The lessee remains liable to the lessor.

This statement is correct. The lessee is still responsible for fulfilling the obligations of the lease, including payment of rent, regardless of the actions of the sibling. The lessor's approval of the sublet does not absolve the lessee's responsibilities.

C) Because the lessor approved the sublet, neither the lessee nor the sibling are liable.

This statement is inaccurate. Approval from the lessor does not eliminate the lessee's obligations under the lease. If the sibling defaults, the lessee must still fulfill their contractual obligations to the lessor.

D) Because the lessor approved the sublet, both the lessee and the sibling are liable.

While this statement suggests that both parties are liable, it implies a shared liability that is not applicable. The lessee remains liable to the lessor, but the sibling's liability does not transfer to the lessee; rather, the lessee is solely accountable for the lease obligations.

Conclusion

The correct answer, that the lessee remains liable to the lessor, underscores the principle that subletting does not relieve the original tenant of their obligations. The other options incorrectly interpret the implications of the lessor's approval, failing to recognize that the lessee's liabilities persist regardless of the sublet arrangement. Thus, the lessee must ensure that the terms of the lease are honored, even in the case of a default by the subtenant.