Sub Leasing in GeorgiaWritten on February 26, 2014
Sub Leasing in Georgia | Kennesaw Contract Attorneys
Leasing homes and apartments are very common in the Kennesaw area and our Kennesaw Contract Attorneys can help you to navigate these sometimes complicated documents. It is likely you know someone who is or has been involved with a lease. Possibly you yourself are engaged in a lease for an apartment home or house. Sometimes life’s circumstances can change, and you may need to move somewhere else before your lease contract is expired. If that is the case, it is important you understand your rights as a lessee and your options of sub-letting your apartment or home.
There are different types of leases, month-to-month, six month, twelve month… etc. Some places offer over a five-year lease, which are typically made for businesses. Leases over five years have different rules according to the law and subleasing, and can be dealt with by consulting your local Kennesaw Attorney. If you are involved in a shorter lease and are interested in moving elsewhere there are some facts you should know about sub-leasing an apartment or home.
There are two different types of sub-leases, assumption and assignment. In an assumption type sub-lease, the lessee, whose name is on the lease, remains liable for the lease, rent and apartment or home. This means that if the person you sub-let to does not pay rent on time, the landlord is coming after you for the money. Although the lessee may not be the tenant anymore, they are still liable even though they are sub-leasing to another person.
Assignment sub-leases are slightly different from assumption. In an assignment sub-lease, the new tenant actually takes over the lease and the liability for the apartment or home. This means that the previous lessee has no more ties to that home, and is free from the contract as a whole.
According to O.C.G.A § 44-7-1, no sub-lease is valid or lawful unless the landlord approves it. The landlord must approve the sub-lease to be either assumed or assigned, and it is up to them to decide on which type of sub-lease it is. Typically, most landlords tend to favor assumption sub-leases for a variety of reasons. It saves them time and money by not having to type a new contract, and it still keeps you liable, which is good for them. That way if the sub-letter does not pay rent they still have a legal way to obtain that money.
So if you are ever in a situation where you need to be let out of your lease before the contract expires, the sub-leasing may be a viable option for you. First, look in your lease to make sure it doesn’t have any language saying you cannot sub-lease. If you have any trouble reading or interpreting it, bring it to your local Kennesaw Lawyer, and we can help you establish what you signed. Next, you will talk to your landlord about what types of sub-leasing they prefer and how they would like you to go about finding a sub-lessee. Lastly, you find a new tenant, sign over your lease with your landlords consent and then pack your things!