Virginia Sublease of a Portion of Master Premises with Consent of Lessor
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FAQ
In some circumstances it's acceptable to sublet a property, but tenants need their landlord's permission. Landlords can take legal action against tenants if they sublet their property unlawfully. Unlawful subletting includes if a tenant: sublets all or part of the property without written permission.
The Bottom Line: According to the Virginia Landlord-Tenant Handbook, you are allowed to sublet as long as your lease does not specifically forbid it. You should always obtain written approval from your landlord prior to subletting.
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.
In Virginia, subleasing will be governed solely by what is in the rental agreement. However, if the lease states that the landlord must approve sublease, then the landlord must respond to the tenant within 10 days of the tenant's request for the sublease.
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.
A sublease consent form allows a current tenant under a lease to document a landlord's approval of subletting the property the tenant is renting to a subtenant.
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from tenant to trespasser very quickly.
Virginia Sublease Laws In Virginia, a tenant can legally sublet his or her rental as long as the lease that he or she signed does not specifically prohibit it. As a good business practice, and to prevent any potential issues, the tenant should receive written permission from the landlord.
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.