Tennessee Sublease of Residential Property

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US-0029BG
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Description

A sublease is a transfer to a third person (the sublessee) of less than the lessee's entire interest. Sublet means to lease or rent all or part of a leased or rented property. A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant.
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FAQ

The Bottom Line: Tennessee Property Law does not specifically reference sublets, so what your lease says matters. If your lease prohibits sublets, then sadly you can't sublet. Check your lease. Most likely, your lease contains a clause which requires you to obtain your landlord's approval prior to subletting.

Yes, provided he is not restricted to do so by the Contract of Lease. The law says: When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.

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.

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.

Is it illegal? Absolutely yes, particularly if your lease is subject to the Ontario Residential Tenancies Act and the tenant did so without your consent. In Ontario, residential tenants have the right to sub-rent or assign their rental unit provided but with the consent from their landlord.

Landlords are prohibited from harassing or retaliating against tenants who exercise their legal rights. In Tennessee, the landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.

(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.

Your landlord can't unreasonably withhold their consent to a request to sublet part of your home. Also, your landlord can't attach conditions if they allow you to sublet. If your landlord refuses your request to sublet part of your home, they must give you their reasons why. You can't lawfully sublet all of your home.

Subletting all of your home is only possible if your tenancy is still within the contractual period. However, you should get your landlord's consent. This is because it is possible for your landlord to apply to court to evict you if you sublet the whole property without their consent.

Subletting is renting out a property by a tenant to another individual. That means you are generating profit without owning your property. It is also known as subleasing or rent-to-rent.

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Tennessee Sublease of Residential Property