With the landlord's consent, a tenant sublets her apartment for six months while she works in another city. The subtenant stops paying and damages the unit. Who is responsible to the landlord for the breaches?
Correct Answer
A) The original tenant, who stays liable to the landlord during the sublet
Section 97(4)(a) says that when a tenant sublets, the tenant remains entitled to the benefits of the tenancy and is liable to the landlord for breaches of the tenant's obligations during the subtenancy. The subtenant is liable to the tenant, not the landlord (s. 97(4)(b)).
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