Translation:Shulchan Aruch/Choshen Mishpat/316

Paragraph 1- If one rents a house to another for a set time, and the tenant wants to sublease to another, he may do so until the end of his rental period, so long as there will not be more people in the house than are in his own household. If the landlord told him why are you bothering to sublease to others, if you don’t want to stay you can leave and I will exempt you from paying, we would listen to him. See above 312:7. If the tenant wants to leave the house and leave as is without inhabitants and will pay the landlord, the landlord is able to rent to others, because “a house that is lived in is settled” and “its gate is stricken onto ruin.” If one gave or rented his house to another and retained the right to live there when he wants with the gift-recipient or the renter, he may sell this right to another, so long as the buyer’s family is not bigger than his. There are those who differentiate between a case where one retained a specific portion for himself, such as half the house, in which case he can sell to a third party, and a case where he retained an undefined portion for himself, such as where he is able to remove the tenant, in which case he cannot sell or rent his rights to a third party. If one gives another the right to live in his house and the recipient does not need to live there, it seems to me that he is able to rent it or sell it to a third party whose family is not larger than him, because a gift-recipient is no worse than that one who retained for himself given that one who gives does so generously. See above 154:28.

Paragraph 2- If two parties rented a house as a partnership so they could both live there together, one of the partner cannot have someone stay there in his place, even if he has a smaller family than the renter because the partner can say he is willing to handle him but not anyone else. The partner cannot force the other to divide, because the house does not belong to them. It is merely rented to them for a period of time. See above 171:9 for those who disagree.

Paragraph 3- If Reuven gave his house as collateral for a set time, and made a condition that after that time he and his family may live there or give it as collateral or rent it out to a third party, there are those who say that even without a condition he is permitted to rent it out or give as collateral to someone who does not have a larger family, and because he made the condition he may rent out and give as collateral even to someone who has a larger household than him.