Real Estate
Agreement To Lease
Georgia
When it comes to subleasing an apartment or rental, do I need specific written permission from the owner, or as long as the lease agreement doesnt forbit it, am I okay to proceed?
I am in the process of potentially leasing a home in Savannah, GA for a period of 8 months. My goal is to sublease this home as an Airbnb and make a profit. The leasing agreement has no language forbidding subleasing the property, but it also doesnt have express written permission either. I'm just wondering if that means I can proceed with my plan.
Answers from 1 Lawyer
Answer
Real Estate
Georgia
Meghan T.
ContractsCounsel verified
This is a topic I get asked about very frequently. In Georgia, the right to sublet residential property is based on the express (written) and implied (inferred) language of the lease. Generally, if subleasing is not mentioned, then there is no restriction on subletting. In any event, you may want to at least have a discussion with your Landlord concerning what you plan to do. This can avoid lots of headaches for you and your guests later down the line. If you are interested in more information concerning other legal considerations for BnBs and short term rentals, check out my blog article: https://www.treclaw.com/post/legaladvice4bnb
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I broke my lease and I was paying my rent until a new tenant was found. A new tenant was found and I was told to turn in the keys because they were moving in and so I didn't have to pay rent no more. I was told that the new tenant doesn't want to stay and I have to start back paying rent. Do I have to start back paying rent?
Holly T.
You must read your lease. Cross reference any lease breaking terms with anything the LL agreed to in writing. Depending on how much was left on your lease, also pull out the requirements for you to terminate the lease via notice near the end. If the new tenant was approved by them and signed a new lease you should be released. However if they merely allowed a new tenant subject to your lease or you sublet without permission, you may still be liable. You'd need to consult with an attorney to be sure but I'd sugggest asking the LL to explain how you're still liable to save time and money. They should be able to cite the agreement requiring you to continue payment.
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Meghan T.
Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").
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Hello. There are multiple solutions to this problem. The simplest solution would be for your grandfather (or whoever the current owner is) to deed the property over to your father's heirs. They could also switch parcels of land. Depending on how long ago the home was built, the owner of the house could potentially have a right to the property via an adverse possession. Feel free to contact me to discuss this matter in more detail. - Meghan Thomas, Esq.
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Georgia
How many years does a quick claim become effective?s
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Meghan T.
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