What If A Tenant Sub-lets Without Notifying The Landlord?

Sub-letting is one of the biggest headaches a landlord can experience, especially if it is done without his / her permission. If, a landlord does not wish tenants to sub-let his / her rental property, he / she must make it clear from the start. Including a clause to the same effect in rental agreements will dispel any uncertainty and, in case a tenant sub-lets, it will provide a landlord with legal recourse, as the sub-letting was done against his / her wishes.

The following tips should help in handling a situation where a tenant sub-lets without the landlord’s prior permission.

1. There should be adequate proof that a sub-lease has taken place. A landlord’s first priority is to determine if a sub-lease has, in fact, taken place and the new tenant is not simply house-sitting for his / her original tenant. Talk to both the new tenant and the actual tenant i.e. the one who signed the lease agreement. Once it has been ascertained that, yes indeed, your original tenant has sub-let your premises, document when it happened and the terms under which the new tenant is renting your rental unit.According to law, the tenant who sub-lets is still responsible for upholding the lease agreement he / she signed, and the new tenant must abide by the same terms, as well. Often, a tenant who sub-lets will also have an agreement in place with his / her tenant, leaving the new tenant answerable to two different landlords. Not a very pleasant situation for both landlord and new tenant.
2. Touch base with your original tenant. Not at all easy, particularly if he / she cannot be tracked down. In this case, ask the sub-letting tenant for current contact information. If he / she is paying rent to the original tenant, then the sub-lessor is bound to know where and how to contact him / her.
3. The original tenant must be notified of breach of the lease agreement signed with you. If the lease agreement prohibits sub-letting of rental premises, then it is evident that your tenant has violated the lease terms. Notify him / her of the breach through a written notice stating what will happen if the situation is not rectified within 30-days (notice period).
4. Take recourse in legal options. If a landlord fails to extricate the sub-letting tenant from his / her property, the original tenant can be taken to court or involved in third party mediation. In case of a simple misunderstanding, mediation is the easiest way to resolve the dispute.

Before taking any action, it would be advisable to research state laws, since lease violation means, the sub-letting tenant has no right to remain on your property. However, before evicting him / her, ensure you are within your rights to do so.

In case, you did not include a clause prohibiting sub-letting in the lease agreement with your tenant, you could have landed yourself in a sticky situation. Either, you will have to seek legal remedies or pursue other options, in order to rectify the situation.

Your first step should be to update the lease agreement. If lease agreements with tenants include a clause that updates are permissible at the discretion of the landlord, issue notices to your existing tenants informing them that the terms and conditions of their lease agreements will be changing. Typically, a 30-day written notice has to be given before the changes can legally go into effect.

Now, you can inform your tenant you are not happy with him / her sub-letting your premises, and although a clause preventing sub-letting is not a part of the lease agreement he / she signed, it may be possible to have him / her end their current sub-letting agreement, now they know you are not happy with the arrangement.

Recourse to legal remedies depends on the state in which your property is and the terms of the lease. However, the best method of protect for a landlord is to include a clause in all lease agreements that expressly forbids sub-letting of his / her rental premises.

Tenant screening and thorough background checks can help avoid such problems. Visit www.e-renter.com for help with the same!