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What to do if Your Tenant is Subletting

Frustrated Broken Arrow Property Manager with a LaptopIn order to make a good livelihood out of your Broken Arrow rental property, your job as a rental property owner is to make sure that you screen your tenants well so that you can trust them with your property. 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

Are you suspicious that your tenant is subletting your property without your permission? Your first step should be to confirm your suspicions. It could be that the new “tenant” isn’t necessarily subletting, but house-sitting the property for some reason. You can do a simple interview with the original tenant and the new one so that you can slowly document their claims and responses. In so doing, you can also gather all the evidence you need to get 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. If there are other violations that you discovered through your research, make sure to include all of them so that you can make a strong case against a subletting tenant who is not upholding the lease terms.

Whether it’s someone else living in the rental or not, whatever agreement they may have with your tenant, it is still your tenant who has sole responsibility for upholding the lease agreement. Generally, a tenant is given time to correct the situation and go back to compliance with their lease. Once the time has gone, make sure you do a follow-up in order to ensure that the subletting tenant is no longer there.

Take Legal Action, If Needed

If the case is that your tenant does not want to follow through with the request to remove the person subletting the property, you can begin the eviction process. Don’t forget to comb through your state and local laws so that you can obey the statutes and rules of the letter.

When you’re confronted with a difficult situation such as a subletting tenant, you would benefit a lot from knowing what your rights are, and how you can legally evict the subletting tenant. It could vary from location to location, but it’s possible that in order for you to regain full access and rights to your rental property, you first have to evict both the tenant and the subletting tenant.

The trajectory of your legal recourse will be dependent on the location of your property and the language in your lease. If your lease’s policy on subletting is unclear and vague, you should remedy that as soon as possible. The best course of action is stopping it before it happens when it comes to preventing subletting.

 

If you are currently dealing with a subletting tenant, know that there are people who can help you. The property management professionals at Real Property Management Tulsa have the experience and legal knowledge to guide you through any lease violation situations, 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 918-532-7020.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.