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In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
Subletting is illegal if a tenant needs their landlord's permission to sublet and they do so without getting it. It's also illegal if a tenant sublets a property when their tenancy agreement says they're not allowed to.
When renting accommodation many tenants rent directly from a landlord who owns the property. However, it's also possible to rent from another tenant who has rented the property from the owner. This is called subletting. Most tenants need their landlord's permission before they can sublet all or part of their home.
Sub-letting is an arrangement where a tenant leases out a room or space to someone who isn't listed on the lease and while it's legal in Australia, the landlord must give their permission.
Subletting can only take place with the consent of the landlord. Where a landlord refuses the tenant the option of subletting, the tenant can serve a notice of termination to end the tenancy if they so wish. Subletting is not available in Approved Housing Body tenancies.
Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In North Carolina, subleasing is only allowed if the landlord consents.
If you need permission from your landlord before subletting your home or you aren't allowed to sublet but do so anyway, then your landlord is likely to take legal action against you when they find out. The consequences are more serious for some social housing tenants as they may also be committing a criminal offence.
Subletting happens when an existing tenant lets all or part of their home to someone else who is known as a subtenant. Many tenants need permission before they can sublet.
The Bottom Line: North Carolina property law does not specifically prohibit nor permit subletting, so what your lease reads matters. If your lease says no sublets, then that means no sublets. You should always obtain written approval from your landlord just to be on the safe side.