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What to do if Your Tenant is Subletting

Frustrated Port Aransas Property Manager with a LaptopAs a rental property owner, your livelihood relies on trustworthy tenants for your Port Aransas rental property –– tenants you have undoubtedly screened. It is because of this that things can become problematic when tenants decide to sublet the rental house without your permission or knowledge. Setting the terms of your tenant’s stay in your rental home starts with clear language in the lease. If you find yourself with a tenant who violates the already well-articulated subletting policy, here’s how you can handle that.

Gather Evidence

If you have doubts that your tenant is subletting your property without permission, your first step should be to confirm your suspicions. It is possible that the new “tenant” is not subletting, but only house-sitting the property for some reason. You can initiate conversations with them by conducting an interview with both tenants. You can document what they have to say so that you can eventually gather conclusive evidence that points to the truth.

You could also talk to your neighbors. This will allow you to gather more information so that you see a clearer picture 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 verifies that the tenant is subletting even when the lease clearly states against it, then you have to notify your tenant that they violated the lease. All other violations uncovered by your research should be included, especially when the tenant subletting is not upholding the lease terms.

Whoever is living in the rental and whatever agreement they might have with your tenant, the reality is that it is your tenant who is responsible for upholding the lease agreement. Typically, in these cases, a tenant would be given enough time to rectify the situation in order to gain compliance with their lease. Afterward, you will need to reinforce the terms by following up on them, making sure that the subletting tenant is really gone.

Take Legal Action, If Needed

Should it be that your tenant still refuses to submit the request to have the subletting person removed from the property, you might need to consider beginning the eviction process. Double-check with your state and local laws and follow them all — the statutes and rules — exactly as stated.

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. Depending on your location, you might even have to evict both the tenant and the subletting tenant so that you can get back full rights and access to your rental property.

Your legal recourse will heavily depend on where your property is located, and what language is used 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.

 

Are you dealing with a subletting tenant right now? Let us help you. The property management professionals at Real Property Management Shoreline have the experience and legal knowledge to guide you through any lease violation situation, getting you back to business as usual 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 361-885-0500.

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