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Legal Definitions - prime tenant
Definition of prime tenant
A prime tenant is the individual or entity that enters into the initial and primary lease agreement directly with the property owner (landlord). This tenant holds the direct contractual relationship with the landlord and is primarily responsible for fulfilling all the terms and conditions of the lease, including rent payments, property maintenance, and adherence to lease covenants.
Even if a prime tenant later subleases part or all of the property to another party (a subtenant), they generally remain ultimately accountable to the landlord for the entire lease agreement. The prime tenant is the original party on the master lease.
Here are some examples to illustrate this concept:
Imagine a small marketing agency, "Creative Campaigns Inc.," signs a five-year lease for an entire floor in an office building directly with the building owner. Creative Campaigns Inc. is the prime tenant. Two years into their lease, they find they have more space than they need and decide to sublease a small section of their floor to a freelance graphic designer. Even though the graphic designer pays rent to Creative Campaigns Inc., Creative Campaigns Inc. remains the prime tenant, directly responsible to the building owner for the full rent and all other terms of the original five-year lease.
Consider a university student, Maria, who leases a two-bedroom apartment directly from the landlord. Maria is the prime tenant. To help cover the rent, she finds a roommate, Sarah, and enters into a separate sublease agreement with Sarah for the second bedroom. In this scenario, Maria remains the prime tenant, holding the primary lease with the landlord. She is ultimately responsible for ensuring the full rent is paid on time and that all lease conditions for the entire apartment are met, regardless of her arrangement with Sarah.
A popular coffee shop chain, "Daily Brews," signs a ten-year lease for a prominent retail space in a new shopping center directly with the mall management. Daily Brews is the prime tenant. After several successful years, they decide to host a small, independent bakery within a corner of their shop, creating a short-term sublease agreement with the bakery owner. Daily Brews continues to be the prime tenant, maintaining the direct contractual relationship with the mall management and bearing the primary responsibility for the entire retail space's rent, maintenance, and adherence to all mall regulations.
Simple Definition
A prime tenant is the party who enters into the initial lease agreement directly with the landlord. They hold the primary responsibility for fulfilling the terms of that lease, including rent payments, regardless of any subsequent subleasing arrangements.