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What are lease agreement laws for Greenville, NC.

Residential

Agreement To Lease

North Carolina

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.

Answered Jun 17, 2022

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.

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?

View Meghan T.
4.8 (17)

Real Estate

Agreement To Lease

Georgia

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.

Meghan T.

Answered Feb 4, 2022

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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