Unauthorized Subletting — landlord steps, tenant risks and prevention

Answer

Intro: Unauthorized subletting happens when a tenant rents the unit (or part of it) to someone else without the landlord’s written permission. This can create safety, screening and liability problems: landlords lose control over who occupies the property, insurance may be affected, and the tenant may breach the lease.

Main part: Start by reviewing the lease: many agreements expressly forbid subletting or require prior written consent, an approved screening process and a signed sublease. Distinguish short-term rentals (Airbnb-style), long-term subtenants and informal roommates — treat each consistently under your lease and local law.

Practical steps to handle an unauthorized sublet:

• Document the violation with dated evidence (photographs, online listings, messages or witness statements) and keep careful records.
• Send a written notice that cites the lease clause, describes the violation, and states the remedy you expect (removal of the subtenant, tenant screening documentation, or lease termination). Give any cure period required by state law.
• If the tenant cures, document the cure and, if you approve the arrangement, sign a written sublease or amendment that spells out screening, liability and insurance requirements.
• If the tenant refuses to comply, follow statutory notice and eviction procedures rather than taking self-help measures. Contract remedies may include fines, repayment for damages, or lease termination where permitted by law.
• Protect safety and screening: require ID, background and income verification for any approved subtenant and confirm insurance covers the new occupant.

Prevention: Build clear subletting rules into the lease: require prior written consent, limit short-term rentals, reserve the right to approve occupants, and state administrative fees for unauthorized transfers. Periodic occupancy checks (with proper notice) and consistent enforcement deter violations.

Final note: State and local laws vary and some localities or roommate situations carry special protections. It’s advisable to consult a licensed attorney or experienced property manager before imposing penalties or starting eviction. Clear lease language and consistent documentation reduce disputes and legal risk.