According to Tenant Landlord Laws in Tennessee, a tenant’s ability to sublease their unit lies in the wording of their lease agreement. If lease prohibits subletting, then the tenant may not sublease their unit.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In Tennessee, the language in the original lease controls the entire process. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Tennessee sublease agreement should include the following sections: