Grab our FREE Georgia residential sublease agreement sample and read further about subletting laws in Georgia, required disclosures, optional addendums and what other Georgia landlord tenant laws apply to residential sublease agreements.
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What is a Sublease Agreement?
A sublease agreement in the state of Georgia is a contract that is written between the original tenant who signed the lease for the unit and a new tenant. This will provide the original tenant with an option when they can no longer stay in the unit before the lease that they signed expires. The new tenant will take over the lease and all of the responsibilities and rules that come with living on the property. They will be responsible for paying the rent for the unit, doing repairs in the space, and making sure that the property is not significantly damaged while they are living in it.
This type of arrangement does not negate the responsibilities of the original tenant; it simply adds another party to the terms that were outlined in the lease. The sublessee, or the new tenant, will be responsible for paying the rent on time, but if they fail to do so, the landlord will look to the original tenant for the rent that was agreed upon. In addition, if anything happens to terminate the terms of the lease, then the sublessee may not have the legal claim to continue living in the unit.
In addition to the amount of rent that is due each month, the new tenant is going to need to pay for the utilities as well. Some sublessors will opt to keep the utilities in their name, so if that is the case, the new tenant will need to pay the bills when they are due as well. The sublessor is going to be responsible for the actions of the sublessee, so it is vital that the new tenant does not break the terms of the lease consistently by being loud or not paying the rent on time. One way that the original tenant can make sure that the new tenant is a good fit for the property is by doing a background and a credit check before accepting them as a sublessee.
In the state of Georgia, there as some landlords and management companies that do not allow sublease agreements to be used on their property, so it is important to make sure that it is something that can be done for the specific unit. The landlord may want the terms of the arrangement in writing so that they can approve the new tenant. Some landlords may also request an additional security deposit form the new tenant in case there are any damages to the property.
How to Write a Sublease Agreement in Georgia
In any sublease agreement, there are going to be certain sections that need to be included in the document. When writing one of these agreements, make sure to include:
The Names of the Involved Parties
When this arrangement is written, the first thing that should be seen on the document is the names of the parties involved. The first line on the document will be set aside for the new tenant. The information that is required will be their full name, their current address, their current phone number, and a working email where they can be contacted. The next line will be set aside for the sublessor’s information. This will include their name and a phone number where they can be reached. A new address for the sublessor can be added here as well.
This section should also include information for the landlord so that the new tenant will know how to contact them if they need to do so. This should include a phone number as well as the address for the management office.
A Property Description
The next section of the agreement will be the part that describes the unit that is being subleased. If there is any part of the unit that is already damaged, it should be listed in this section, and any furniture that the original tenant has decided to leave behind for the sublessee to use should be listed as well.
The Rental Agreement and Payment
This section will lay out the terms of the sublease agreement, which will include the dates that the new tenant will be living in the unit as well as the dates of the original lease. The renewal terms should also be listed in this section so that the sublessee will know if staying in the unit past the date that the contract ends is an option.
This section should also include the amount of rent that is due each month and the day that it needs to be received by the landlord. If there is a late fee that will be added to the rental amount at a certain time of the month that should be listed here as well. The security deposit that is going to be required of the new tenant should also be listed here so that it can be included in the initial payment. This amount does not have a limit in the state of Georgia, but it is often only about a month’s rent.
Rules for the Unit
If there are any rules that the new tenant needs to know about before moving in, they will need to be in this section of the agreement. This could be a pet policy, a smoking policy, or a noise policy. Anything that was provided with the original lease, like a mold disclosure, a flood disclosure, or a lead paint disclosure, should also be given to the new tenant as well.
Signature Section and Landlord Consent
As with any document that two or more parties are agreeing on the terms of for legal reasons, the final section will consist of the signatures of both parties and the date that the arrangement is agreed upon. There may also be a space for their names to be printed as well. If the original lease required the landlord to give their consent for a sublease agreement to occur, there should also be a space where they can sign the document as well.
For the laws that govern early termination of lease agreements in Georgia, click here.