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Every tenant is entitled to sublet, unless the landlord has been exempt from the provision of the Residential Tenancies Act 1995 (SA) which provides for subletting s 74.
Most tenants need their landlord's permission before they can sublet all or part of their home. Many tenancy agreements contain a term on this, so you should always check your agreement first. If you do need permission, get it in writing.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
How to Sublet an Apartment (7 steps)Step 1 Find the Original Lease.Step 2 Determine the Monthly Rent.Step 3 List the Property.Step 4 Show the Property.Step 5 Screen the SubLessee.Step 6 Add Disclosures and Addendums.Step 7 Sign the Sublease.
Subletting is legal according to South African common law unless the lease agreement states otherwise. Subletting, also known as subleasing, doesn't absolve the initial tenant of the responsibilities of looking after the property just because someone else has occupied it.