If the lessor is actually the original tenant who has sub-let the property, it could be either depending on what agreement the lessor has with the owner.
Usually, the original tenant/lessor directs the sub-tenant to pay the owner directly. However, it doesn't have to be this way. The sub-tenant can pay the lessor and the lessor can turn around and pay the owner. Doing it this way just creates an unnecessary step (unless the sub-tenant is paying more rent than the lessor was).
It is still the lessor's ultimate responsibiliy to make sure the rent is paid, and if the sub-tenant does not pay, the lessor has to.
In my situation, there was a lease between the sub-tenants (multiple sub-tenants in a warehouse) and the lessor. The lessor collected the rent from the sub-tenants and made up the difference to pay the full amount of rent. Would the rent paid by the sub-tenants be considered the personal property of the lessor or the owner?
If the lessor ended up not paying the rent, could the owner of the property sue under a theory of criminal theft? What is the normal cause of action to sue for unpaid rent from the original lessor?
Thanks for all your help.
No, this is a civil matter, not criminal.
You could sue for "breach of contract" because of the lessor's failure to pay the rent. You would be entitled to all non-paid amounts, past and future (through the end of the lease term).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).