Georgia Subletting & assignment

Can a tenant sublet an apartment in Georgia?

Under O.C.G.A. § 44-7-1(a), when the owner of real estate grants another person, who accepts the grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale. Under § 44-7-1(b), all renting or leasing of real estate for a period of time less than five years is held to convey only the right to possess and enjoy such real estate, to pass no estate out of the landlord, and to give only the usufruct, unless the contrary is agreed upon by the parties to the contract and is so stated in the contract. A full-text search of official O.C.G.A. Title 44, Chapter 7, Article 1 (§§ 44-7-1 to 44-7-25) found no other general rule on landlord consent to a residential sublet or assignment. Section 44-7-2(b) uses 'assign' only to bar a waiver, assignment, transfer, or avoidance of certain listed statutory rights in a contract for the use or rental of real property as a dwelling place; it is not a lease-assignment consent rule. Section 44-7-18 makes leases and agreements letting, subletting, or renting a house, place, building, tourist camp, or other structure for prostitution or assignation void; 'assignation' in that section is defined as an appointment or engagement for prostitution. Local ordinances and other titles, including Chapter 6 (estates for years), were not searched.

Verified Source: O.C.G.A. §§ 44-7-1, 44-7-2, 44-7-18 · last checked 2026-11-12