How to Prevent SubLetting

Did you see it on the news? On December 10, 2015 Fox2Now out of St. Louis ran a story entitled “Landlord claims tenants illegally turned three-bedroom apartment into 10 bedrooms.” It is the thing that makes up a landlord’s nightmare. Leasing an apartment to a couple of tenants only to find out they have converted it into a group hostel. What was more, the tenants were adverting the rooms for rent on Airbnb.com to tourists.

The landlord in this situation decided to take matter into his own hands. He entered the apartment with his workmen and tore down all the renovations and changed the locks. The tenants took the landlord to court – and won entry back into the apartment.

As a landlord, what can you do to make sure that this does not happen to you? What can you do to prevent unauthorized subletting? Here are some pointers.

Prevent Subletting Through the Lease Agreement

The lease is a legally binding document. If you do not want your tenants to be able to sub-let at all or at lease without your written permission, make sure you say so in the lease agreement. Most standard leases contain this clause. It can be a good idea to point it out to the tenant and explain the consequences if it is violated – such as creating grounds for eviction.

Prevent Subletting by having Every Tenant Sign the Lease

Make your tenants responsible – each and every one of them. During the application process, find out who will be permanently staying in the rental. If they are over 18, have each resident sign the lease agreement as tenants-in-common. In this way, all are responsible to adhere to the lease agreement. There will be no passing of the buck and no unauthorized subletters.

Prevent Subletting by Limiting Guests

Some tenants do not even realize that they are technically subletting their apartment. When the tenant’s cousin hits hard time and crashes on the sofa for a month or more, they can be considered as sub-letter, especially if he is chipping in towards the rent.

Another landlord’s nightmare is to find out that what started as a family of four has turned into an extended family of twelve that are now permanent residents in your two bedroom rental. Can you imagine the wear and tear?

You can include in the lease agreement a limit to the amount of people allowed to stay in the unit. Check with your local ordinance to see what limit they place on properties. You can also limit the length of a guest’s stay. Having grandma and grandpa for two or three weeks is one thing, but when Taz the party-loving uncle moves in for a month, the line has been crossed.

How to Handle an Unauthorized Sublet

Once and a while a tenant will blatantly disregard the lease agreement and do what they want. Once the landlord becomes aware of the situation, the best first step is to make contact with the tenant and explain the requirements set out in the lease agreement. Give them a reasonable amount of time to remedy the situation. If after the deadline there is no change, start a legal eviction. Do not take matters in your own hands. Handle the matter through the court system or it could cost you more in the long run.