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Subletting is the solution for many tenants that need to go away for a while and don't want to break the original lease. When done correctly, this type of arrangement can be beneficial for all the parties involved.

However, when drawing up a Georgia sublease agreement, there are certain laws you will need to consider. This article will provide all the information you need to create a sublease agreement in Georgia.

Sublease Agreement

Sublease agreements are arrangements for subletting a rental property. It enables the original tenant (the sublessor) to lease a rental unit to a new tenant (the sublessee). This may apply to a full rental of the building or a partial rental, such as a bedroom.

The sublessee is still obligated to abide by the terms and requirements of the master lease agreement. He or she is responsible for any property damage as well as any other terms that are broken by the sublessee, such as nonpayment of rent.

It is crucial to confirm if the unit can be sublet because some landlords and property management companies in Georgia do not permit the use of sublease contracts on their properties. Moreover, the landlord could require written documentation of the agreement's conditions to approve the new tenant.

What to Include

Here's what you'll need to include in your Georgia sublease agreement:

  • The first line of the agreement should contain the names of both parties
  • In the next line, you will need to have their current address and contact details
  • A property description
  • The rules that apply
  • Monthly rent and the terms of payment
  • Information on the security deposit
  • Consent from the landlord
  • A section for the signatures of all parties involved

How to Write One

You can build your Georgia sublease agreement with our free form or editing tool. Here are some of the steps you need to take when drawing up your sublease agreement:

  1. Look at the original lease agreement to see whether subletting is permitted.
  2. Send a written request to the landlord's current address.
  3. Obtain the contact details of the new tenant and add this information to the first line of the agreement.
  4. Add the addresses of both parties in the next line.
  5. Include a property description.
  6. Mention details about rental payments and the security deposit.
  7. List the terms of the agreement and other rules that may apply.
  8. Include a copy of the original lease or add a description.
  9. Sign and date the sublease agreement.

Special Laws

You must first consult your original lease if you want to know if you can sublet a property. In Georgia, obtaining written consent from a landlord before subletting is advisable. Keep in mind that you will be accountable for the new tenant and any lease violations once you have completed a Georgia sublease agreement.

The original tenant must ensure that he or she has adhered to all Georgia laws governing issues such as:  

  • Security deposits
  • The eviction process
  • Conditions of the sublease and original lease agreement
  • Other landlord-tenant issues

Additionally, according to Georgia law, the sublessor must:

  • Send a written notice to the new tenant requiring them to pay rent or vacate in accordance with the sublease or master lease.
  • Return security deposits within 30 days of the termination of the sublease agreement.
  • Give notice in writing of your intention not to extend the sublease agreement or original lease 60 days in advance.

Sublessors

The original tenant is responsible for the following:

  • Ensuring that they have written consent from the landlord before subletting a property
  • Honoring the commitments made in the original lease
  • Returning the security deposit within the allotted timeframe
  • Collecting rent from the new tenant and paying it to the landlord on time
  • Informing the new tenant about rules that apply to the use of the property
  • Provide sufficient notice if they intend not to renew the sublease agreement

Build Your Own

Whether you need help drawing up an original lease or a sublease agreement, you can find everything you need with DoorLoop. Our smart software allows users to conduct background screening, list a property for rent, and much more.

Alternatively, you can use our free form, which can be found here:

What Is DoorLoop?

DoorLoop was created in response to a growing need for a platform to help manage rental businesses. You can use the software to run background checks, create professional leases, and track rental payments on one intuitive platform.

To see it at work for yourself, schedule a free demo.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Final Thoughts

A Georgia sublease agreement is a legally binding document that details the terms and conditions of the sublet of a rental property. The original tenant is responsible for managing the new tenant, collecting rent, and ensuring that the terms of the original lease are honored.

When done correctly, this arrangement can benefit the original tenant, new tenant, and landlord. You can use our free form or download our software if you need help drawing up your Georgia sublease agreement.

FAQs

Is it legal for the original tenant to rent a property to a new tenant?

Yes, it is legal to sublet a rental unit in Georgia, provided you have consent from the landlord.

Can a landlord treat a subtenant as a tenant?

According to Georgia law, a landlord may consider a subtenant as a tenant, which entitles the landlord to collect rent from the new tenant and remove them if required. This does not, however, exempt the original tenant from the obligations outlined in the original lease.

How can I get out of a sublease agreement in Georgia?

You can negotiate an early end to the sublease agreement with the sublessor as the subtenant. Additionally, you have the right to terminate a sublease contract if illegal activity occurs on the property or if you have another good reason, like inadequate property upkeep.

The same eviction guidelines that apply to traditional lease agreements for original tenants also pertain to a sublease agreement. If you decide not to extend the sublease, Georgia law requires that you give your subtenant a 60-day notification to leave.

Furthermore, you are not required to give notice in advance if the subtenant defaults on rent payments or breaks the conditions of the contract.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!