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Home Q&A Forum 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?

Real Estate

Agreement To Lease

Georgia

Asked on Feb 2, 2022

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.

1 Attorney answer

Answer

Real Estate

Georgia

Answered 891 days ago

Meghan T.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia
Free Consultation

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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