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What to do if Your Tenant is Subletting

Frustrated Kendall Property Manager with a LaptopAs a rental property owner, your livelihood relies on trustworthy tenants for your Kendall rental property — tenants you have undoubtedly screened. As it is, when a tenant decides to sublet the rental house without your knowledge or permission, not surprisingly, it can be very problematic. Setting the terms of your tenant’s stay in your rental home starts with clear language in the lease. Should you encounter a tenant who violates the subletting policy even when it’s already been presented clearly, you can pay attention to the following tips for handling a situation such as that.

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.

Neighbors might be a great source of information, as well. You can ask them so that you can get a better grasp of the situation. Another thing you can do is to look for your property on rental apps like Airbnb or whatnot. It’s possible that the tenant is using the app for subletting, so you can use that as evidence of the lease violation.

Give Notice of Lease Violation

If the research confirms that the tenant is indeed subletting despite the lease being clear about it, then you have to notify your tenant that they violated the lease. All other violations uncovered by your research should be included, especially when the tenant subletting is not upholding the lease terms.

Regardless of who is living in the rental, even if they have an agreement with your tenant, it is still your tenant who is responsible for upholding the lease agreement. Typically, in these cases, a tenant would be given enough time to rectify the situation in order to gain compliance with their lease. Be sure to follow up when the time has passed, so that you can verify whether or not the subletting tenant has gone.

Take Legal Action, If Needed

Should it be that your tenant still refuses to submit the request to have the subletting person removed from the property, you might need to consider beginning the eviction process. Don’t overlook your state and local laws so that you can follow all the statutes and rules thoroughly.

In dealing with tenants who are subletting, it’s best for you to know what your rights are; so that you are able to remove the subletting tenant legally, and in a way that reinforces the full force of the law. Though it depends on where you are located, it could be possible that you have to evict the tenant and the subletting tenant before you can take back full rights and access to your rental property.

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 your lease has unclear articulation on the policy of subletting, you should rectify that immediately. The best course of action is stopping it before it happens when it comes to preventing subletting.

 

If you are facing difficulties with a subletting tenant right now, you should talk to someone who can help. The property management professionals at Real Property Management Dade have the experience and legal knowledge to guide you through any lease violation situation, getting you back to business 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 305-501-1511.

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