Subletting Laws in Georgia

Georgia state law does not specifically address subletting. However, the statutory definition of a tenant makes clear that landlord consent is required in order for a sublet to occur. This is echoed in a landlord-tenant handbook maintained by the Georgia Department of Community Affairs. The handbook says that:

• The lease determines whether or not you can sublet
• Subletting "often" requires the landlord's approval to sublet
• The original tenant remains completely liable unless the landlord chooses to treat the subtenant as his or her tenant "either expressly or implied from the landlord's act and conduct." It clarifies that accepting rent directly from the subtenant is not enough for them to be classified as a tenant.

While there aren't any subletting laws on the books, you should expect that you can only sublet in Georgia if you get your landlord's clear, written consent.

Landlord consent is required

Tenants cannot generally sublease in Georgia without the consent of the landlord. The Official Code of Georgia says that¹ for a landlord and tenant relationship to exist, the real estate must have been granted by the owner to another person. It specifically states that this relationship can't be conveyed (or transferred) to anyone else, including a subtenant, "except by the landlord's consent."

Subletting without consent is not grounds for eviction

While landlord consent is required, there is a prior court decision from 1921 that prohibits a landlord from dispossessing (or evicting) a tenant for failing to get approval when subletting. According to this decision:

The tenant cannot be summarily dispossessed because of subletting contrary to the agreement. Except in cases of a tenant at will or sufferance, a tenant may be dispossessed by summary proceedings only when he fails to pay the rent when due or when holding over and beyond the term for which the premises have been rented to him. It follows that the violation by a tenant of his written contract “not to sublet the premises or any part thereof without the written consent of” the landlord does not authorize the landlord to summarily dispossess the tenant.¹

This means that if you do end up subletting without permission in your landlord, and they begin eviction proceedings against you as a result, you may be able to defend yourself by citing this case law.

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[1] O.C.G.A. 44-7-1 (2010)

[2] Rakestraw v. Lubbock, 26 Ga. App. 330, 106 S.E. 190 (1921).