What to do if Your Tenant is Subletting

Your livelihood as a rental property owner is heavily dependent on the kind of tenants you thoroughly screen for your Winooski rental property, carefully sifting through until you find one you can trust. Due to this, when a tenant sublets the rental house without your permission or knowledge, things can get very problematic. Setting the terms of your tenant’s stay in your rental home starts with clear language in the lease. If your tenant violates the subletting policy even when it’s already been stated clearly, here are some of the ways you can handle that situation.

Gather Evidence

If you are convinced that your tenant is subletting your property without permission, your first step should be to confirm your suspicions. It may not even be subletting — perhaps the new “tenant” is simply there to house-sit the property for some reason. You can initiate conversations with them by conducting an interview with both tenants. You can document what they have to say so that you can eventually gather conclusive evidence that points to the truth.

If you want to get a better view of the situation, ask the neighbors for information, as well. Another idea would be to check rental apps like Airbnb. If it is true that the tenant is subletting, you might find a posting of your property on the app. If so, you can use that as evidence of the lease violation.

Give Notice of Lease Violation

If the research verifies that the tenant is subletting even when the lease clearly states against it, then you have to notify your tenant that they violated the lease. Should your research shed light on other violations, make sure to bring them up; especially if the tenant who is subletting is not following the lease terms.

Whoever is living in the rental and whatever agreement they might have with your tenant, the reality is that it is your tenant who is responsible for upholding the lease agreement. Usually, when this happens, a tenant can be given time to remedy the situation in order to comply with the lease. Afterward, you will need to reinforce the terms by following up on them, making sure that the subletting tenant is really gone.

Take Legal Action, If Needed

If in any case, your tenant refuses to remove the person subletting the property, you can then begin the eviction process. Don’t overlook your state and local laws so that you can follow all the statutes and rules thoroughly.

A subletting tenant is a challenging situation; which is why it’s important for you to know what your rights are and how you can legally remove the subletting tenant without violating any laws yourself. It may differ from place to place, but in order for you to gain full rights and access to your rental property, you might have to evict both the tenant and the subletting tenant.

The legal recourse that you can take is the one that is paved by the location of your property and the language of your lease. If in any case, your lease does not clearly state the policy on subletting, you need to get on that right away. The best course of action is stopping it before it happens when it comes to preventing subletting.

 

Are you dealing with a subletting tenant right now? Let us help you. The property management professionals at Real Property Management Sterling have the experience and legal knowledge to guide you through any lease violation situations, getting you back to business as usual as quickly and as painlessly as possible. Learn more about what we can do for property owners like you by contacting us online or calling us at 802-861-6468.