In the state of Georgia, a sublease agreement is a written lease document between two parties: a sublessor and a sublessee. In a situation like this, the original tenant who signed the lease (the sublessor) rents the apartment to another tenant (the sublessee). It is important to have this agreement in place, as the sublessee will be living in the apartment and paying rent, but the sublessor’s name will remain on the original lease agreement. This means that although the sublessee will be residing in the unit and making rent payments, the sublessor will be responsible for any damage done to the unit or any late or missed payments done by the sublessee. Often times, these types of arrangements last for just a few months, but can also last for the duration of the lease. Regardless, it is important to have a sublease agreement in writing in order to protect both parties.
Georgia Tenant/Landlord Law is fairly vague on sublease provisions, which makes it vitally important that a tenant receives written permission from the landlord before entering into a sublease agreement. If a tenant’s lease states that subleasing is not allowed, then no subleasing is allowed.