UNDERLEASE, SUB-LEASE - An alienation
by a tenant of a part of his lease, reserving to himself
a reversion; it differs from an assignment, which
is a transfer of all the tenant's interest in the
lease. And even a conveyance of the whole estate by
the lessee, reserving to himself the rent, with a
power of re-entry for non-payment, was held to be,
not an assignment, but an underlease.
In leases there is frequently introduced a covenant
on the part of the lessee, that he will not underlet
the premises, nor assign the lease. This refers to
the voluntary act of the tenant, and the covenant
is not broken when the lease is transferred without
any act on his part; as, if it be sold by the sheriff
on execution, or by assignees in bankruptcy, or by
an executor.
The underlessor has a right to distrain for the rent
due to him, which, the assignor of a lease has not.
The under-lessee is not liable personally to the original
lessor, nor is his property subject to his claim for
rent longer than while it is on the leased premises,
when it may be distrained upon. The assignee of the
lessee stands in a different situation. He is liable
to an action by the landlord or his assignee for the
rent, upon the ground of privity of estate.
