What to do if our tenant sublet our house without our knowledge?

We have a residential lease on a house. The tenant has been behind in payments and we just recently found out that he has sublet it to someone else. What is our proper course of action?

Asked on May 21, 2012 under Real Estate Law, Nevada

Answers:

Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 8 years ago | Contributor

This is a pretty straightforward question for most real estate lawyers.  It basically depends on the wording of the lease under principles of contract law.  Most leases have a provision forbidding subletting absent the written consent of the landlord.  If the lease in your case contains such a provision, then the tenant is in breach of the lease.  Otherwise, most courts would rule otherwise, since you as the landlord drafted the lease and had an opportunity to include the provision if you so desired.

If the provision appears in the lease in question, and thus if the tenant is in breach of the lease, then you could sue for breach of contract for any damages to the property, or you could follow your state's statutory code in evicting the tenant/inhabitants.  Again, eviction would depend on your state's statutory scheme, so you should consult with an attorney licensed in your state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.