Imagine walking into your rental property for a routine inspection when a stranger opens the door. You’ve never seen this person before and your signed tenant is nowhere to be found. This scenario happens more often than you think and puts you in a tough position as landlord.
When tenants sublet your property without permission, they break their lease agreement. More importantly, they create legal and financial headaches for you while profiting from your own property. Thankfully, you have legal grounds to protect your rental and your rights.
What is subletting?
Subletting happens when your current tenant rents out your property to someone else. The tenant then becomes a middleman between you and an unauthorized occupant. Your tenant then collects rent from this unauthorized occupant while still paying you their dues. Often, they would charge more than what they pay you and pocket the difference.
This arrangement bypasses your screening process entirely. You never approved the new occupant and you never ran a background check to vet them. You never verified their income or checked their references. More importantly, you never gave them legal access to your property.
How it violates your lease agreement
Your lease agreement specifies who can live in your property. When tenants add occupants without your approval, they violate this contract. Most leases require written permission before any subletting occurs.
This breach gives you legal grounds to take action. The lease becomes unenforceable because an unauthorized person occupies the unit. This new occupant also has no legal agreement with you. They are essentially trespassing on your property with your tenant’s knowledge, which makes them both complicit in breaching your contract.
How do you evict unauthorized occupants?
You have the right to evict unauthorized occupants and tenants who breach your contract. However, this is a tedious process where you must follow legal steps carefully.
First, you need to document everything. Take photos and gather evidence that an unauthorized person is living in your property without your permission.
Next, avoid collecting rent from the unauthorized occupants. Receiving rental payments from the unwanted tenants creates an implied rental agreement with them that could weaken your legal position.
Lastly, ensure to follow Kentucky’s formal eviction procedures. Send proper eviction notices to your original tenant and the unauthorized occupant. Shortcuts or improper procedures in evicting them may delay your case or get it dismissed.
When you need legal help
If you are suspecting that your tenant is subletting your unit, then it is always best to seek legal help at the onset to avoid delays or mistakes in filing your case.
An attorney specializing in landlord-tenant disputes can help you navigate confusing rules on evictions and subletting in your rental properties. Remember, you have the right to control your properties. Don’t let subletting bring you further legal headaches and financial problems before you take action.