Ending a Sublease: A Step-by-Step Guide for Landlords

As a landlord, dealing with a subletter who refuses to leave can be a frustrating and time-consuming experience. However, there are steps you can take to end the sublease and regain control of your property. In this guide, we'll outline the process of getting rid of a subletter who won't leave, including the legal procedures and best practices to follow.

Before we dive into the steps, it's essential to understand the basics of subleasing. A sublease is a type of lease agreement where a tenant (the sublessor) agrees to rent a property to another person (the sublessee) for a specific period. The sublessor remains responsible for the property, but the sublessee is the one who actually occupies the property.

When a sublessee refuses to leave, it can cause a range of problems for the landlord, including financial losses, property damage, and disputes with the sublessor. To avoid these issues, it's crucial to take action as soon as possible. Here are the steps you can take to end a sublease and get your property back:

Step 1: Review the Lease Agreement

The first step is to review the original lease agreement between you and the sublessor. This will help you understand the terms and conditions of the sublease, including the duration, rent, and any other obligations.

Look for clauses that address the sublease, such as the sublessor's responsibility to ensure the sublessee complies with the lease agreement. This can help you identify any potential issues or disputes.

Step 2: Notify the Sublessee

Once you've reviewed the lease agreement, notify the sublessee in writing that they need to vacate the property. This should be done in a polite but firm manner, and include a specific date by which they need to leave.

Make sure to keep a record of this notification, including the date, time, and method of delivery (e.g. email, certified mail, or personal delivery).

Step 3: Send a Notice to Quit

If the sublessee refuses to leave, you can send a notice to quit. This is a formal notice that states the sublessee must vacate the property by a specific date.

The notice to quit should include the following information:

• The date the sublessee must vacate the property
• The reason for the notice (e.g. non-payment of rent, breach of lease agreement)
• A statement that the sublessee must vacate the property by the specified date

Make sure to send the notice to quit to the sublessee's last known address, and keep a record of the delivery.

Step 4: File a Lawsuit

If the sublessee still refuses to leave after receiving the notice to quit, you may need to file a lawsuit to evict them. This is a legal process that requires you to follow specific procedures and meet certain deadlines.

Before filing a lawsuit, make sure you have a valid reason for evicting the sublessee, such as non-payment of rent or breach of lease agreement. You'll also need to provide evidence to support your claim, such as rent records or lease agreements.

Step 5: Serve the Sublessee with a Summons

If you file a lawsuit, you'll need to serve the sublessee with a summons. This is a legal document that notifies the sublessee of the lawsuit and provides them with a specific date to appear in court.

Make sure to serve the summons to the sublessee in person, and keep a record of the delivery.

Step 6: Attend Court

After serving the sublessee with a summons, you'll need to attend court to present your case. This is where you'll provide evidence to support your claim and argue why the sublessee should be evicted.

Make sure to prepare thoroughly for court, including gathering all necessary documents and evidence. You may also want to consider hiring a lawyer to represent you.

Step 7: Obtain a Writ of Possession

If the court rules in your favor, you'll need to obtain a writ of possession. This is a legal document that gives you the right to take possession of the property.

Make sure to serve the writ of possession to the sublessee, and keep a record of the delivery.

Step 8: Change the Locks

Once you have a writ of possession, you can change the locks on the property to prevent the sublessee from re-entering.

Make sure to keep a record of the changes, including the date, time, and method of changing the locks.

Conclusion

Ending a sublease can be a complex and time-consuming process, but by following these steps, you can regain control of your property and avoid financial losses. Remember to stay calm, patient, and professional throughout the process, and consider seeking legal advice if you're unsure about any aspect of the process.

By understanding the legal procedures and best practices for ending a sublease, you can protect your rights as a landlord and ensure a smooth and successful outcome.