Garbutt & Donovan v. Barksdale-Pruitt Junk Co.

1. A lease of real estate for a-term less than five years passes no estate out of the landlord, the tenant has only a usufruct, and he can neither sublet the premises, nor convey his usufructuary interest, nor assign his lease without the landlord’s consent. Sealy v. Kuttner, 41 Ga. 594; Hooper v. Dwinnell, 48 Ga. 442, 445; Hudson v. Stewart, 110 Ga. 37 (35 S. E. 178); DeFoor v. Stephens, 133 Ga. 617, 619 (66 S. E. 786). If, with the consent of the landlord, the tenant subrents the rented premises, the subtenant becomes the tenant of the original tenant, who is entitled to proceed against him…