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

UPDATED: May 21, 2012

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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


Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 10 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.

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