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How To Sublet Legally In Georgia

Tenants can sublet legally in Georgia as long as their lease doesn't forbid it, and provided they follow what their lease says.

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 which 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

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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. Stay responsible

Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. Even if your landlord is accepting rent directly from your subtenant, Georgia landlord-tenant law says that your landlord doesn't have to release you from your original lease obligations.

It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken.

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The information provided on this website does not, and is not intended to, constitute legal advice.