Georgia law does not specifically prohibit or permit sublets, so what your lease says matters. If your lease says no sublets, then that means no sublets.
Follow these steps to sublet successfully in Georgia.
1. Check your lease
If your lease does not mention or prohibit subletting then you are in the clear and free to do so. But, most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting.
2. Mail a letter
You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. The letter should clearly outline the terms of the agreement and include the following information:
- The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
- The name of the proposed subtenant or assignee
- The permanent home address of the proposed subtenant or assignee
- Your reason for subletting or leaving permanently
- Your new address during the sublease if applicable
- The written consent of any co‑tenant
- A copy of the proposed sublease
3. Screen your subtenant
In many states, landlords can only reject a proposed subtenant for business-related reasons—for instance, a candidate’s financial instability or history of damaging rental properties. This is not the case in Georgia, where landlords don’t need a “reasonable” basis for refusing a sublet. Unless the lease says otherwise, they can refuse you based on whatever grounds they want.
This means that if your sublet is approved you are effectively becoming the landlord, so it's very important for you to find a high-quality tenant.
4. Wait for approval
Georgia law doesn't address the approval process for sublets. A good rule of thumb is to get it all in writing with a formal letter or an email. If you haven't heard anything after a few days, follow up over the phone.
5. Collect and store a security deposit
Hooray - you're approved!
To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow Georgia laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.
6. Set up rent payments
You don't want to spend the first day of every month pestering someone for rent so that you can pay your landlord. You don't want to have to think about it at all.
Agree on a process for rent payments before they move in. Put this process in writing in the sublet agreement that you both sign.
The information provided on this website does not, and is not intended to, constitute legal advice.