A sublease agreement allows the initial renter (sublessor) to rent a property to a new tenant (a sublessee). This can be for the entire rental property, or a partial rental like a room.
Under a Georgia sublease agreement, the sublessee is still responsible to uphold the terms and conditions of the original lease, even though they’re leasing from the original tenant. If any damage to the property occurs, or if the sublessee does not pay rent or otherwise breaches the agreement, the original tenant is liable.
To save time and ensure everything is filled out correctly, we recommend using our free Georgia sublease agreement builder or reading our steps on how to write a Georgia sublease agreement below.
How to Write a Georgia Sublease Agreement
- Name the parties involved – The first line of the document states the new tenant’s name, current address, and phone number. The next line includes the same information for the sublessor.
- Add a property description – Describe the property that is going to be sublet. Include the property type, such as an apartment, home, or condo.
- Outline the lease terms – This should include the start and end date, the address of the property, and who the rent will be paid to (usually the original tenant).
- State any rules for the lease – This includes pet policies, smoking policies, and disclosures from the original lease, such as mold or flood disclosures.
- Discuss the rent – State the total amount of rent for the entire sublease term (whether that’s one month, three months, or one year), and the amount due each month.
- Add the signatures – The sublessee and sublessor both need to sign and print their names, and if the original lease required landlord approval, the landlord should also sign the sublease agreement.
Georgia Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Georgia. Once you’ve filled out a Georgia sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Georgia laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Georgia Landlord-Tenant Laws: Title 44, Chapter 7 of the Code of Georgia (Georgia Landlord-Tenant Act)
In Georgia, a sublessor must:
- Give a subtenant written notice to pay rent or leave according the sublease and/or original lease
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide sixty days (60) written notice of your intent to not renew the sublease and/or original lease
Georgia Sublease FAQs
Is a sublease agreement legal in Georgia?
Yes, unless the original lease agreement forbids a sublease, it is legal in the state of Georgia.
Can a tenant choose to sublet the property without the landlord’s permission?
No, most leases in Georgia contain a clause requiring tenants to get their landlord’s permission before setting up a sublease agreement. Landlords can request security deposits from the new tenants and even prohibit subletting altogether, so an original tenant should first check with their landlord before setting up a sublease agreement.
How can a landlord treat a subtenant?
Under Georgia law, a landlord can treat a subtenant as the tenant, which means the landlord can evict the subtenant if necessary, and accept rent directly from them. However, this does not release the original tenant from the terms outlined in the original lease.
How to get out of a Georgia sublease agreement?
Here’s how to get out of a Georgia sublease agreement:
- As a subtenant, you can speak with the original tenant and try to reach an agreement to end the sublease early. You’re also able to get out of a sublease agreement if illegal activity is happening at the property, or you have an otherwise valid reason such as poor property maintenance.
- As the original tenant, the same eviction requirements for standard lease agreements apply to your sublease agreement. Under Georgia law, you must provide your subtenant with a 60-day notice to vacate if you don’t want to renew the sublease. Additionally, you do not have to give advance notice if the subtenant fails to pay rent or violates the terms of the sublease agreement.