Stopping Unauthorized Sublets — Enforcing a No-Sublet Clause

Answer

Intro: If a tenant sublets without permission, a landlord can often enforce a no-sublet clause — but enforcement depends on the lease language and local law. The usual steps are: confirm the sublet, document the breach, give proper written notice, and pursue remedies under the lease or in court when the tenant fails to cure.

Main points & practical steps:

• Verify and document. Confirm the arrangement (rent payments from a new occupant, keys exchanged, ads or listings). Collect dated evidence: texts/emails, photos, payment records and witness statements. Solid documentation strengthens any later notice or court filing.
• Review the lease and local rules. Check the exact no-sublet wording and any landlord-consent clauses. Some jurisdictions limit a landlord’s ability to deny reasonable sublets or require consent not to be unreasonably withheld — know whether state or local law modifies your lease rights.
• Give written notice. Serve a lease-violation notice that cites the specific clause, states the facts, and demands cure or possession within the statutory period. Follow the notice form and timing required in your jurisdiction; sloppy notice can defeat an eviction later.
• Choose the right remedy. If the tenant cures (e.g., ends the sublet), document the cure and consider an addendum to the lease. If the tenant refuses, landlords commonly pursue an unlawful-detainer (eviction) action and may seek damages for unpaid rent or unauthorized occupancy. In some commercial contexts you can also seek injunctive relief or damages under contract law.
• Avoid illegal self-help and privacy traps. Never change locks, remove belongings, or cut utilities to “self-evict.” Also respect wiretapping/privacy laws when collecting audio recordings — get legal advice before relying on covert recordings.

Lease drafting and prevention: To reduce disputes, use clear clauses: explicitly prohibit subletting or require written landlord consent, define the approval process and timelines, and state remedies for unauthorized sublets. Where law requires reasonable consent, spell out objective standards (credit check, occupancy limits) to avoid later “unreasonable denial” claims.

Conclusion: Enforcing a no-sublet clause is a mix of solid documentation, precise notice, and correct procedure — and outcomes vary by state, local ordinances, HUD rules, or rent-stabilization regimes. For a high-risk case (multiple occupants, Section 8, rent-stabilized units, or complex commercial leases), it’s advisable to consult a licensed local attorney or experienced property manager before filing eviction paperwork or taking enforcement steps.