Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a portion of the apartment due to financial difficulty. Is the sublease contract valid? (1%)
(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.
(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.
(C) No, it is void if there is no written consent on the part of the lessor.
(D) No, it is void because of breach of the lease contract.
Suggested answer only. Not an official answer and not legal advice.
(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract. Under Article 1650 of the Civil Code, when in the contract of lease of things there is no express
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Quick check
Under Article 1650 of the Civil Code, what is the general rule regarding a lessee's right to sublet the leased property?
Under Article 1650, a lessee may sublet the thing leased unless expressly prohibited in the contract.
How does a sublease differ from an assignment of lease regarding the lessor's consent?
A sublease does not require lessor consent unless expressly prohibited, whereas an assignment transfers the leasehold relationship.
Why is Isaac's sublease of the apartment to a third party legally valid under civil law?
The sublease is valid because subletting is permitted by default when the contract contains no express prohibition.
What happens to the original lessee's liability toward the lessor after executing a valid sublease?
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Under Philippine civil law, what is the legal effect of a sublease contract executed in violation of an express contractual prohibition?
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Learn more about these topics
1. Right to Sublease
Under Article 1650 of the Civil Code, a lessee may sublet the thing leased, in whole or in part, unless the lease contract explicitly prohibits it. In Philippine civil law, the right to sublease is a statutory privilege granted by default. Silence in the principal lease agreement regarding subletting operates as permission for the lessee to enter into a valid sublease contract with a third party without needing prior consent from the lessor.
2. Lessor Consent Rule
Unlike an assignment of lease which requires the consent of the lessor, a sublease does not create a direct contractual privity between the lessor and the sublessee. Therefore, written or express consent from the lessor is not an essential requirement for the validity of a sublease contract. As long as there is no express contractual clause forbidding subletting, the lessee retains the full legal authority to execute a sublease.
3. Lessee Responsibility
Even when a lessee validly subleases the premises, he remains directly responsible to the lessor for the performance of the principal lease contract. Subleasing does not release the original lessee from his contractual obligations, such as paying rent or maintaining the property. The lessee continues to stand as the primary obligor toward the lessor while establishing a separate, secondary lease relationship with the sublessee.