Tennessee Sublease Agreement for Apartment
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How to fill out Sublease Agreement For Apartment?
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FAQ
Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.
As of today, Tennessee is considered a fairly landlord-friendly state since there are few rent control policies for landlords. However, there are several laws that give leverage to tenants in cases of dispute, which is why it may also be considered tenant-friendly in some cases.
If you are in a situation that lets you assign your lease or sublet you must send your landlord a notice of assignment or sublet, once you have found a potential tenant.
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.
A sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee). The sublease gives the subtenant the right to share or to take over the rented premises from the original tenant.
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.
The most common clause requires the leaseholder to obtain the freeholders consent to subletting (a qualified covenant). The clause may require the leaseholder to provide a copy of the tenancy agreement and covenants to be entered directly with the freeholder.
Lease transfers and subletting: you are legally allowed to transfer your lease to someone else OR sublet your apartment. However, you need your landlord's consent in both cases.
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
