Subletting is one way for a person to get out of a lease by finding another tenant who will pay rent to the landlord. For example, a person may need to move during their lease to take care of a sick relative. In this scenario, they might wish to sublet their residential property while they are gone.
However, subletting is a common source of landlord-tenant disputes, and not all leases will allow for a subletter. It is crucial for anyone involved in sublet disputes in Georgia to get legal assistance. At Sparks Law, our knowledgeable attorneys could review your situation and advise you on pursuing a positive outcome.
Some leases in Georgia allow for subletters, but most do not. Typically, landlords avoid giving subtenancy options in the lease because they want the chance to approve or disapprove of their tenants. The landlord has paid a lot of money to maintain and own their property, so they might be hesitant to allow unvetted people onto the premises.
Some landlords may be willing to bargain and create a new lease with a new tenant and/or subtenant. However, if a lease does not directly allow for subtenancy, having a subletter would constitute a breach and allow the landlord to sue the tenant. An experienced lawyer at our Georgia office could further explain these legal nuances to those involved in sublet disputes.
If a tenant wants to move before their lease is up, one solution is for the landlord to let them out of the contract. The landlord might do this if there is a lot of demand for the property, and if they know they can get another tenant or even charge more for rent.
However, in most cases, the landlord will not want to let a tenant out of their lease unless they can come up with somebody else to pay the same or similar rent. This is where a subtenant or subletter may come into play.
For instance, say that a tenant wants their friend to take over their lease. However, the landlord does not fully trust the friend and does not want to let their tenant out of the lease. The tenant could propose a deal where they are liable for 20% of the rent while their friend pays for the remaining 80%. This way, the landlord could hold one or both renters accountable through a lawsuit if someone fails to pay their rent amount, as a local subletting attorney could further explain.
In a subletting situation, the landlord will often want to keep both the original tenant and the subtenant contractually obligated to pay the full rent. This puts the landlord in a more powerful position if someone fails to uphold their rent agreement, as the landlord can sue two people instead of one. Those considering a sublet contract should consult a skilled Georgia lawyer to avoid potential disputes and issues in the future.
If you are involved in a sublet dispute in Georgia, or if you are considering a subtenancy contract, reach out to a well-practiced lawyer at our firm. The attorneys at Sparks Law could advise you on the relevant laws and fight for your best interests. Call today to set up an initial consultation.