Sub-letting

Discussion in 'Landlord & Rental Property Questions' started by Rainman, Dec 8, 2014.

  1. Rainman

    Rainman Senior Investor

    Joined:
    Jun 2014
    Posts:
    1,587
    Likes Received:
    4
    Supposing you rent a house to a tenant and the tenant for some reason decides that they don't want to stay in the house and opts to sub-let part of it to someone else. Now this person probably decides to bring in pets which is against the original lease agreement. How would you deal with such a situation since you made no deal with them?
     
  2. Muthoni

    Muthoni Guest

    Joined:
    Aug 2014
    Posts:
    247
    Likes Received:
    0
    I think that you need to get in touch with the original tenant to let them know that they are in breach of the contract. The original tenant must have made a certain agreement with the resident tenant. Therefore you have a right to ask the original tenant to ensure that the resident tenant follows the contract or vacates your premises.
     
  3. My401K

    My401K Well-Known Member

    Joined:
    Dec 2014
    Posts:
    221
    Likes Received:
    3
    In New York can evict the sub letter, they in essence have no agreement with you, additionally you could sue the lease holder as well as the sub letter for any damage that has occurred. This is not an unusual thing, this happens very frequently especially in the bigger cities. The problem is without a lease agreement the owners have a difficult time not only getting paid but preventing damage to the home. It is tough to be a landlord, it seems all great like they make all this money from rents but the truth is they actually tend to lose money from tenants that just don't care and wreck the place. The owner is under no obligation to keep a sub letter.
     
  4. Strykstar

    Strykstar Well-Known Member

    Joined:
    Apr 2014
    Posts:
    370
    Likes Received:
    1
    I would contact the original tenant, they are the ones that signed an agreement with you, saying that there would be no pets.
    Whether they were the ones to bring pets ion or not, they are still the ones with that responsibility towards you.
     
  5. SteakTartare

    SteakTartare Senior Investor

    Joined:
    Mar 2014
    Posts:
    857
    Likes Received:
    11
    Subletting opens a huge can of worms. As such, I wouldn't allow it. Most rental agreements I've seen specifically state that it cannot be done.
     
  6. dianethare

    dianethare Senior Investor

    Joined:
    May 2014
    Posts:
    987
    Likes Received:
    9
    Why would the tenants want to sub-let the premises without my consent...that is unheard off, i' d give people an earful :). Rules and regulations that you've listed down with the original tenant ought to be followed to book.
     
  7. crimsonghost747

    crimsonghost747 Senior Investor

    Joined:
    Mar 2014
    Posts:
    1,722
    Likes Received:
    6
    And this is why, in your lease agreement, you specify if and under which conditions they are allowed to sublet the apartment. As long as the contract says no subletting, or your WRITTEN permission before subletting, then you can just throw them out since they have no legal right to stay there. And also gives you a chance to switch to a tenant who respects the agreement.
     
  8. shilpa123

    shilpa123 Banned

    Joined:
    Aug 2014
    Posts:
    373
    Likes Received:
    0
    I do not think it is right of the tenants to bring the pets as it is against the contract. I believe that the landlord can sort out the issue best in court as it is totally against the law. The court must take the appropriate action when required.
     
  9. Peninha

    Peninha Senior Investor

    Joined:
    Apr 2014
    Posts:
    602
    Likes Received:
    1
    I know for a fact that if we are paying the house to the bank we can not rent it to someone else or else the interest rates will change a lot, so yeah, we need to be informed.
     
  10. Rosyrain

    Rosyrain Senior Investor

    Joined:
    Apr 2014
    Posts:
    673
    Likes Received:
    2
    Subletting is a bad decision to make because you are still on the hook for what the new tenant does. I have never leased a place that allows for it anyway.
     

Share This Page