As a rental property owner, your livelihood depends on trusting your valued Batesville rental property to a tenant you know and have meticulously screened. Consequently, it can be a huge problem if your tenant is actually subletting the rental house – mainly if they do so without your knowledge or permission. Setting the terms of your tenant’s stay in your rental home definitely starts with distinct and clear language in the lease. If you already have your subletting policy in writing and your tenant violates it, here are particular pointers you’ll need to handle the situation like a pro.
Gather Evidence
If you are suspicious your tenant might be subletting your property without permission, your first action should be to confirm your suspicions. It’s more likely that the new “tenant” is not subletting but rather house-sitting or staying at the property for a particular reason. You can easily begin by interviewing both your original tenant and the person in the house and documenting their answers, in conjunction with when your conversation occurred and any other evidence you may have noticed.
You may furthermore wish to talk to the neighbors, or anyone else you think may have information in reference to the situation you are in. If your tenant is subletting your rental through a platform like Airbnb, as an instance, you may simply be able to search for your property on the app and make use of what you discover and find out as evidence of the lease violation.
Give Notice of Lease Violation
If your research does validate that your tenant is subletting, and your lease specifically states that subletting is not allowed, you’ll need to notify your tenant that they have violated their lease. Incorporate any other violations your research may have observed, especially if the person subletting is not upholding the lease terms.
Doesn’t matter who is living in the rental and their agreement with your tenant, your tenant is still responsible for upholding their lease agreement. In most situations, it is good to give your tenant time (such as 30 days) to rectify the situation and resume compliance with their lease. You will then need to check it out once that time has gone by to make sure whether the subletting tenant is gone or not.
Take Legal Action, If Needed
Should your tenant refuse to comply with your request to expel the person subletting the property, your next step may be to initiate the eviction process. Just make sure to research your state and local laws and follow all of the statutes and rules to the letter.
With a subletting tenant complicating the situation you are in, you need to know what your rights are, whether or not you can legally remove the subletting tenant, and what initiatives you’ll need to take to attain this. Subject to where you live, you may need to evict both your tenant and the subletting tenant before you can retake full rights and access to your rental property.
In the end, your legal recourse will largely depend upon both where your property is located and the language in your lease. If your lease does not have clear language depicting your policy on subletting, that is something you should amend immediately. The best course of action is simply preventing it before it begins when it comes to preventing subletting.
If you find yourself dealing with a subletting tenant, know that you don’t have to take care of it all alone. The property management professionals at Real Property Management Delta have the experience and legal knowledge to see you through any lease violation status, getting you back to business as usual as swiftly and as easily as possible. Learn more about what we can do for property owners like you by contacting us online or calling us at 501-404-0674.
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