Is It a Sub-Lease if No Rent is Being Collected

[markk1pe]

My question involves an eviction in the Philippines, their laws are modeled after US laws:

Our Corporation has a Management Agreement on our beach front Resort with a local Management company. The Agreement prohibits sub-leases.

I visited the business and found a Dive shop with a different company's name had been moved in.

When I confronted the Management company representative about it, he explained that he was not collecting any rent from the Dive shop, so it was not a sub-lease (!?!?)

Our lease on the property prohibits us from having any sub-lease.

Is collection of rent required to constitute a sub-lease?

[Mr. Knowitall]

This is a U.S.-only forum. Talk to a lawyer in the Philippines.

I expect that you will find that your tenant's actions constitute subletting, no matter whether he claims to be giving the premises away for free, but the answer turns on the laws of your country and the terms of your lease.

[markk1pe]

OK, sorry, I missed where it says that this was a US only forum. But thanks for the answer anyway.