Georgia Sublease Agreement
A Georgia sublease agreement is a legal contract that allows a tenant (referred to as the sublessor) to rent out all or part of a rental property to a new tenant (the sublessee) in exchange for regular payments. The sublessee is responsible for adhering to the terms and conditions of the original lease, and the original tenant remains liable for any obligations, including rent payments and damages.
Georgia Sublease Agreement
Right to Sublet
In Georgia, subletting is permitted; however, tenants must obtain explicit written permission from their landlord to sublet. If the original lease does not explicitly address subleasing, tenants should seek approval from their landlord before proceeding. Even with permission granted, landlords retain the right to reject potential subtenants based on valid legal reasons, such as low credit scores or poor work history.
Key Components of a Georgia Sublease Agreement
A comprehensive Georgia sublease agreement typically includes the following components:
- Names of the Parties: Identification of the sublessor and sublessee.
- Rental Unit Location: Address of the rental unit as per the original lease.
- Term: Start and end dates of the sublease.
- Rent: Amount, payment schedule, and payment method.
- Security Deposit: Amount held by the sublessor; there is no limit on the amount a landlord can collect for a security deposit in Georgia.
- Return of Security Deposit: Landlords must return any unused portion of the security deposit within 30 days after the sublessee vacates the rental unit.
- Utilities: Specification of which party is responsible for which utilities.
- General Conditions: A statement that the agreement contains all terms and can only be modified in writing.
- Liability: The sublessee is liable for damages, while the sublessor is responsible for damages affecting the landlord as stated in the original lease.
- Authorized Occupants: Identification of who may reside in the rental unit.
- Inventory of Included Items: A list of items in the rental unit that are part of the sublease.
- Lead-Based Paint Notice: Required if the property was built before 1978.
- Master Lease Inclusion: Attachment of the original lease and any exceptions noted.
- Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
- Smoking Policy: Designation of smoking areas, if applicable.
- Parking Policy: Description of permitted parking areas.
- Landlord’s Consent: Process for obtaining landlord permission if not included in the master lease.
- Signatures: Signatures of all parties involved.
Tax Obligations
Short-term rentals (STRs) in Georgia are regulated at the local level, with state law not providing a definition or regulation for STRs. Local municipalities determine the classification and impose taxes.
Georgia Short-Term Rental Taxes
- State Sales Tax: 4%
- State Hotel/Motel Fee: $5 per night
- County Sales Tax: Varies by county
- City Sales Tax: Varies by city
- Local Occupancy Tax: Ranges from 0% to 8% depending on location
Tenants subletting for less than 90 days may be subject to these taxes. It is advisable for sublessors to register with the Georgia Department of Revenue to obtain a Tax Identification Number and comply with filing requirements.
Statutes
- Ga. Code § 44-7-3 – Disclosure of ownership and agents; effect of failure to comply
- Ga. Code § 44-7-7 – Tenancy at will – Notice required for termination
- Ga. Code § 44-7-11 – Specific rights of tenants
- Ga. Code § 44-7-13 – Landlord’s duties as to repairs and improvements
- Ga. Code § 44-7-14 – Tort liability of landlord
- Ga. Code § 44-7-14.1 – Landlord’s duties as to utilities
- Ga. Code § 44-7-15 – Effect of destruction of tenement on obligation to pay rent
- Ga. Code § 44-7-19 – Restrictions on rent regulation by local governments
- Ga. Code § 44-7-20 – Notification to prospective tenant of property’s propensity toward flooding
- Ga. Code § 44-7-22 – Termination of a residential rental agreement by a service member
- Ga. Code § 44-7-30 – Definitions
- Ga. Code § 44-7-30.1 – Limitation on security deposit
- Ga. Code § 44-7-31 – Placement of security deposit in trust in escrow account; notice to tenant of account location
- Ga. Code § 44-7-33 – Lists of existing defects and of damages during tenancy; inspection of premises by landlord upon termination of lease and vacation or surrender of premises; right of tenant to inspect and dissent; action to recover security deposit
- Ga. Code § 44-7-34 – Return of security deposit; grounds for retention of part; delivery of statement and sum due to tenant; unclaimed deposit; court determination of disposition of deposit
- Ga. Code § 44-7-35 – Remedies for landlord’s noncompliance with article
- Ga. Code § 44-7-36 – Certain rental units exempt from article
- Ga. Code § 44-7-37 – Liability for rent of military personnel receiving change of duty orders
- Ga. Code § 44-7-50 – Demand for possession; procedure upon a tenant’s refusal; concurrent issuance of federal lease termination notice
- Ga. Code § 44-7-52 – When tender of payment by tenant serves as complete defense
- Ga. Code § 44-7-55 – Judgment; writ of possession; landlord’s liability for wrongful conduct; distribution of funds paid into court; personal property
- Ga. Code § 13-6-15 – Damages for writing bad checks
- Ga. Code § 15-10-2 – General jurisdiction; authority of magistrate to act
FAQs
Yes, in Georgia, you need explicit written permission from your landlord to sublet your apartment. Even if your lease does not explicitly prohibit subletting, it is advisable to seek your landlord’s consent to avoid any potential issues.
If you sublet a property in Georgia for less than 90 days, you may be subject to state and local taxes, including a 4% state sales tax and additional county and local occupancy taxes that vary by location. It’s important to register with the Georgia Department of Revenue for tax identification and filing.
A Georgia sublease agreement should include the names of the parties, rental unit location, term of the sublease, rent details, security deposit information, utility responsibilities, and conditions for liability and disputes. It should also contain a section for landlord consent if required.
Yes, even with permission to sublet, a landlord in Georgia has the right to reject a proposed subtenant based on valid criteria, such as poor credit history or insufficient income. It’s important to ensure that your subtenant meets the landlord’s qualifications.
In Georgia, the security deposit for a sublease is held by the original tenant (sublessor), not the landlord. The sublessor is responsible for returning any unused portion of the security deposit within 30 days after the subtenant vacates the rental unit.
While Georgia state law does not have specific provisions addressing subleasing, it is governed by the terms of the original lease agreement. Tenants should refer to their lease for any subleasing clauses and seek landlord approval if necessary.
A short-term rental (STR) in Georgia is typically defined at the local level, and state law does not provide a specific definition. STRs are subject to a 4% state sales tax, a $5 per night hotel/motel fee, and additional local taxes that vary by county and city.