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Q.

What Happens If You Get Caught Illegally Subletting?

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When a tenant leases an apartment in their name to a third party, this is known as subletting. Coming back to your query what happens if you get caught illegally subletting? Illegally subletting, i.e., subletting your rented premises without the landlord’s permission, is typically considered a breach of your lease agreement and carries serious consequences. Some of the issues you can face are:

  1. Landlords can initiate eviction proceedings against you. The Supreme Court of India has affirmed that a tenant who sublets without consent can be evicted.

  2. Since unauthorised subletting violates the terms of the lease, landlords may withhold your deposit to cover damages, potential losses, or extra administrative costs.

  3. You remain legally liable for the actions of the subtenant. If the subtenant causes damage or fails to pay rent, the landlord can hold you responsible for the shortfall.

  4. Depending on local rent control laws, there may be fines. For example, under recent amendments in Karnataka, a tenant found subletting without approval could be penalized up to Rs 50,000 or double the subletting rent per month until the violation stops.

  5. Unauthorised subletting often leads to a negative landlord reference, which can make it harder for you to rent in the future.

The subtenant does not usually have the same lease protections as a formal tenant. If the landlord discovers the unauthorized sublease, they can evict the subtenant, and since their contract is with you (the original tenant), your subtenant may be left with little recourse. I hope you found this information helpful.

Get Your Lease Agreement Drafted with Specific Terms regarding Subletting via NoBroker.


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