Truth be told. Some tenants are unhygienic. Supposing such a tenant subleases the apartment to someone else and this new leaser discovers that the apartment is infested with rats, roaches and other unsavory insects whose responsibility would it be to get rid of the unwanted guests? The landlord, subtenant or the tenant?
I do believe that it is the landlords responsibilityto tell bith occupants to get it together, at the same time, the subtenant can argue against the the tenant, so it would be best if the landlord stepped in and told them both to evacuate.
Totally agree with Determined2014 on that, i don't understand though...why is the tenant subleasing out property that doesn't belong to him...kind of absurd don't you think?
It is absurd and it's also illegal in many countries, including the UK. If it was one of my tenants, I'd have no hesitation in evicting them both.
Landlord should make sure that their tenants are very clean and hygienic. It is landlord's duty to make sure that their house is clean and neat. They must keep a eye on their tenants .
In my opinion it is the landlords responsibility if there is a pest problem, but a lot of times pest control is not considered a necessity and there is no city ordinance that requires a landlord to take proper measures (spraying for bugs, trapping mice, etc) to avoid a pest problem. Tenants need to read the lease agreements they sign because a lot of times the landlord will have in the contract that it is the tenants responsibility for pest control. I am personally a bug-a-phobe and I will never ever rent anywhere unless I have a written agreement from the landlord that they will spray for roaches once every 3 months.
Does the contract allow subleasing. If the person subleasing has a problem with the place, he should not be contacting the original leasor. The agreement is between him and the person he is subleasing from. So the owner of the residence should not be entertaining this person since they have no contract between them.
I think you need to really take a step back and consider what you want to do with the property and how you would want to be treated as a tenant if you were in the property yourself. I would think it is the responsibility of the landlord to make sure the property is up to par no matter what number tenant moves into the property. You can always use the deposit of the first tenant to make the corrections to the unit to ensure the second tenant is comfortable but you need to make it abundantly clear that that type of damage or behavior is not tolerated. In the long run it could mess up your investment.
Most places don't allow tenants to sub-lease. If a person wants to get a roommate, it would be best to verify with the landlord that this is possible, and update his paperwork to hold both tenants liable for damages if any. If you do allow tenants to sub-lease, then I would imagine it follows the chain of command - sub-leased tenant to tenant, then tenant to landlord. Functionally, for most issues the sub-leased tenant could work with the landlord directly for issues that the primary tenant would have to (such as plumbing issues, and so forth) but if the sub-leased tenant caused damages and then disappeared, then I imagine the primary tenant would have to be on the hook for paying the bill. It would be one of his risks, and he would have to be prepared for it.
Agree with, The Deposit is compromised by illegal subleasing. Results in costs associated with judgement that may never be retained unless a lawyer is hired to seek extraction from the person's pay. It'd take awhile to collect on. Incorporated monthly pest control is expensive in that a reputable company could cost a grand annually but' is a fair incorporate into rent. Was the subleasing a tax shifting at operative level? If it was, just pay 300 dollars and clean it up,write it off- that headache is auditable.
