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Updated almost 4 years ago on . Most recent reply

Should I allow my house hack tenant to sublet?
Hello folks! I'm very new to this so forgive me if there is not enough information, or if this seems like a simple question.
I purchased a property last year which is laid out like an over/under duplex but it's a single home. I think the correct term is an in-law suite?
Basically the basement is a finished 2 bed 2 bath apartment with 1900 sqft of living space, dedicated parking and entry doors and a fully equipped kitchen. It's functionally an apartment with a staircase to the upstairs neighbor (Converted basement and all). I'm using it as a house hack to build equity while I finish my degree. I occupy the upstairs which is a similar size.
I am leasing the down stairs unit and have the tenant under a standard VRLTA lease through September, which will likely be renewed at that time. It's going well so far, however my tenant has approached me asking if a friend of his can sublet the spare room in his unit so they can split the rent.
My concerns:
I can not evict a sublessee, to do so I would have to evict my tenant, or my tenant would have to evict them himself (which I am confident they would never do should a situation arise)
As the contract would be between my tenant and the sublessee, what measures can I take to vet this individual before allowing them to move forward?
Can I enforce a proper lease be signed between my tenant and the sublessee?
What limits can I place on the contract between my tenant and this individual (I.E. Lease term, renewal stipulations ETC)
What grounds for denial do I need to provide to legally prevent this from happening if I don't want to move forward? The standard lease prevents subletting without written consent from the Landlord, however it appears VA requires a valid reason for denial for it to be upheld.
Opinion questions
Is it ever worth it to allow this? I won't see any increase in revenue from the property if I allow this. The rent wont change as the space is staying the same, yet there's another person which means more wear and tear on the fixtures, appliances, etc. In addition it's one more person I have to deal with with the major difference being I have no contractual leverage over this person should relations sour.
Any thoughts from those with experience would be greatly appreciated.
Most Popular Reply

You could terminate that lease and sign a new lease between both tenants now. I guess you could increase the rent slightly but both of them will be on the lease and if one does not pay, the other is on the hook. Maybe suggest it to them and then if you have questions, reach out to your real estate attorney to confirm what their clients have done in the past.