Are you a landlord and faced with subletting? What to do?

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Are you a landlord and faced with subletting? What to do?

Are you a landlord and faced with subletting? What to do?
Subletting is often present even when the landlord is strongly opposed. It is a practice in which your tenant rents out part of the apartment to a third party called a subletter. Subletting is not always legal, yet many tenants decide to do it anyway. There can be serious consequences because of this, especially if the tenant is renting social housing. This article will give you more information on what a landlord can do if he finds out his tenant is subletting to someone else.

Actions you can take: 

Sometimes subletting can be acceptable. However, it is often important that the landlord knows about the sublet and allows it. No tenant can sublet to someone else unless the landlord knows about it and agrees to the idea. The landlord can take some legal action against the subletting tenant. This is possible if the landlord did not give the tenant permission to sublet, but the tenant did it anyway.

It is on this basis that the tenant has the ability to take some action and evict the person who originally entered into the lease. Some social housing tenants are even criminally liable if they decide to sublet illegally.

Have you sublet your housing?

Sometimes it happens that the landlord thinks that he is subletting, when he is not. For example, when a tenant has moved in a relative or friend for a period of time who is not paying rent. If the person does not pay money, it is not subletting. Also, if there is a tenant in the apartment (obligatory, with some licensing agreements) - it is not a sublet. The tenant can only occupy a certain room, and that means he does not own it. The landlord should also explain to his tenant that there should be no subletting, so that there are no misunderstandings.

Possession before eviction

A landlord can evict a tenant if subletting is not part of the existing lease. There is some legal process that must be followed to evict a tenant, depending on which agreement was in place. In general, notice must be given in writing requesting entry into the use of the dwelling. When the notice expires, the landlord goes to the county court to get a possession order.

Eviction without proof of legality

Sometimes a landlord doesn't even have to prove a legitimate reason. These are usually cases where the tenant no longer lives in the unit. Unless it is still necessary to serve notice that the tenant has been evicted.

If the tenant sublets the house - he immediately loses his status as a tenant, and the law is no longer on his side.
Was this article helpful? Yes -0 No -016 Posted by: 👨 Reyna L. Miller
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