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How can landlords determine if their tenants are subletting their units illegally?


Blog by MacPherson Real Estate Ltd | July 19th, 2023


Landlords can take several steps to determine if their tenants are subletting their units illegally. Subletting occurs when a tenant rents out all or part of their rented property to another person without the landlord's knowledge or permission. This can be problematic for landlords as it often violates the terms of the lease agreement and can lead to various issues. Here are some methods landlords can use to identify illegal subletting:

  1. Regular property inspections: Conduct regular inspections of the rental unit to check for any signs of additional occupants or unauthorized residents. Look for personal belongings or evidence of additional individuals living in the property.

  2. Tenant background checks: Perform thorough background checks on potential tenants before leasing the property to them. This can include checking references, previous rental history, and employment details. A history of subletting in the past may indicate a higher risk of future illegal subletting.

  3. Review lease agreements: Ensure that the lease agreement clearly states whether subletting is allowed or not. If subletting is prohibited, tenants can be held accountable for violating the terms of the lease.

  4. Communicate with neighbors: Encourage neighbors to report any suspicious activities or changes in the number of people residing in the rental unit. They may notice unauthorized individuals moving in or out of the property.

  5. Monitor online platforms: Keep an eye on popular online platforms and rental listing websites where tenants might advertise subletting opportunities. Regularly searching for the property's address on these platforms may reveal any unauthorized listings.

  6. Check utility usage: Monitor the property's utility usage regularly. A significant increase in water, electricity, or gas usage could indicate that more people are living in the unit than initially agreed upon.

  7. Install security cameras: Consider installing security cameras in common areas (following applicable laws and regulations) to monitor activity around the rental property.

  8. Act on complaints: Address any complaints from other tenants or neighbors about unauthorized individuals residing in the property. Investigate the matter promptly and take appropriate action if necessary.

  9. Communicate with tenants: Maintain open lines of communication with tenants and encourage them to report any concerns or changes in their living arrangements. Establishing a good relationship with tenants may make them more likely to report any issues voluntarily.

  10. Hire a property management company: If managing the property becomes challenging, consider hiring a property management company. They can help enforce lease terms, perform regular inspections, and address any potential subletting issues more efficiently.

Remember that laws and regulations regarding subletting may vary depending on the jurisdiction, so it's essential to understand local laws and consult legal counsel if necessary.