A Georgia sublease agreement allows a tenant to rent all or part of a unit to another person while the original lease remains in full effect. This agreement facilitates a smooth transition between tenants, holds the subtenant accountable for the existing terms, and helps property owners maintain a legally compliant rental setup.
Does a tenant need a landlord’s permission to sublease in Georgia?
Georgia law does not provide a specific rule on residential subleasing, so a tenant must refer to the terms of the original lease to see if it’s allowed. Most Georgia lease agreements call for landlord approval before a tenant hands off any part of the unit to a subtenant.
To cover subleasing consistently in future contracts, property owners can use a legally reviewed lease agreement builder to prepare a fully compliant document.
Information to Include in a Georgia Sublease
Landlords should approach a sublease with the same structure and attention they use for any standard rental agreement. The following list points out the key information landlords should include within a Georgia sublease:
Names of landlord and sublessor: List the full legal names of the landlord and the sublessor to create a clear record of everyone involved in the sublease.
Rental unit address: Provide the complete street address of the rental unit so both parties know exactly which space the sublease covers.
Length of the sublease agreement: Identify the precise start and end dates to show the exact period the subtenant may live in the unit.
Rent amount: State the monthly rent the subtenant must pay and include any extra charges that apply during the sublease term.
Division of utilities: Explain how the parties plan to share utility costs and include any supporting details in a landlord-tenant utility agreement.
Security deposit information: Note the deposit amount, the rules for deductions, and the return process under Georgia security deposit laws.
Maintenance protocols: Explain how the landlord and the subtenant will handle repairs and ongoing upkeep, and include any guidance on routine rental property maintenance.
Property policies: Outline the rules the subtenant must follow, including expectations about noise, guests, parking, and any other on-site standards.
Early termination terms: Describe the conditions that allow either party to end the sublease early and note any fees or notice requirements connected to that decision.
Landlord’s right to entry: Specify when the landlord may enter the rental property and clarify how much notice the subtenant must receive before the visit.
Renter’s insurance: State whether the subtenant must hold renter’s insurance and identify any coverage the landlord expects throughout the sublease term.
Landlord’s consent to sublease: Confirm that the landlord agrees to the sublease terms and recognizes the subtenant as the lawful occupant for the entire period.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must comply with all rules in the original lease and meet the exact expectations that apply to the primary tenant.
Move-in condition checklist: Require a full review of the unit’s condition at move-in, and attach a completed move-in condition report to document the space accurately.
Emergency contact information: Provide reliable contact details so the subtenant can quickly reach the landlord or a designated representative in an emergency.
Guest policy: Set clear expectations for visitors, including how long guests may stay and any limits that protect the property and other residents.
Copy of master lease: Include a full copy of the original lease so the subtenant understands every term of the sublease they must follow.
Signatures: Gather signatures from all parties and allow them to e-sign for a quicker and more official option.
Additional attachments: Include any supporting documents for the sublease, such as addenda, inspection forms, or specific property rules.
Taxes Implications for Short-Term Subleases
Short-term subleases in Georgia can trigger local hotel-motel taxes when a stay lasts 30 days or less. Cities and counties set their own rates, and those taxes can apply to a subleased unit when it qualifies as taxable lodging under O.C.G.A. 48-13-51.
Georgia landlords should stay familiar with their local short-term lodging tax rules, since each jurisdiction uses different rates and enforcement standards.
