Subleasing problem
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Subleasing problem (by Kathy B [CO]) Feb 8, 2019 8:27 AM
       Subleasing problem (by Kathy B [CO]) Feb 8, 2019 8:39 AM
       Subleasing problem (by Jan [MO]) Feb 8, 2019 8:47 AM
       Subleasing problem (by Vee [OH]) Feb 8, 2019 8:51 AM
       Subleasing problem (by cjl [NY]) Feb 8, 2019 8:53 AM
       Subleasing problem (by Kathy B [CO]) Feb 8, 2019 9:19 AM
       Subleasing problem (by Kathy B [CO]) Feb 8, 2019 9:19 AM
       Subleasing problem (by Jerry [MA]) Feb 8, 2019 9:52 AM
       Subleasing problem (by cjl [NY]) Feb 8, 2019 10:17 AM
       Subleasing problem (by Ken [NY]) Feb 8, 2019 10:24 AM
       Subleasing problem (by LindaJ [NY]) Feb 8, 2019 12:11 PM
       Subleasing problem (by small potatoes [NY]) Feb 8, 2019 9:38 PM
       Subleasing problem (by plenty [MO]) Feb 9, 2019 5:36 AM
       Subleasing problem (by Oregon Woodsmoke [ID]) Feb 9, 2019 9:18 AM

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Subleasing problem (by Kathy B [CO]) Posted on: Feb 8, 2019 8:27 AM
Message:

We discovered earlier this week that one of our tenants has issued a sub-lease contract to a man moving to town. Our lease clearly prohibits sub-leasing except by special permission.

Our local meat plant is constantly recruiting new employees from out of state and pays their first month's rent and damage deposit as an incentive. They notified us that they had received this sub-lease contract so that the man could get his housing incentive. They knew it was not our form and they contacted us. We have a copy of the sub-lease contract.

The tenant is deeply apologetic and promises never to do this again. The landlord is inclined to give a sterm reprimand and let the current tenants stay. We are the property managers and we want to cancel the lease (they are month to month).

Housing in our area is very tight and these tenants will have a tough time finding a new unit. And it's sub-zero weather this week. These things are influencing our landlord. Us, too, to be honest but we obviously could quickly fill the unit and we prefer tenants who pay attention to the lease. It is too easy to get caught up in the tenant stories but we don't want to be cruel either. The landlord has given us the final say but is uncomfortable with our proposal.

Any input for us?

--199.47.xx.xx




Subleasing problem (by Kathy B [CO]) Posted on: Feb 8, 2019 8:39 AM
Message:

I forgot to add: this tenant has never been late on rent and never caused any problems. They've been there 9 months. --199.47.xx.xx




Subleasing problem (by Jan [MO]) Posted on: Feb 8, 2019 8:47 AM
Message:

Give them 30-day notice, today. Who cares how apologetic they are. Who cares that they paid the rent on time for 9 months. They broke the contract. They entered into another illegal contract with the poor schlub who's moving to town. I'd want them gone ASAP. Your owner is a wuss.

Housing in your area is "very tight" so you should have no problem finding another, contract abiding tenant. You are not being cruel. You are **doing your job**. --144.191.xxx.x




Subleasing problem (by Vee [OH]) Posted on: Feb 8, 2019 8:51 AM
Message:

You could make it work by tripling the monthly rent amount due by the listed tenants and approve the sublease! Can you rent to the newcomer once the unit is vacant and repaired? Subleasing seldom ends well when you can't prove the damages, that is why I suggest tripling the rent, without already having a double or higher deposit to cover the owner gets stuck for all the repair costs.

--76.188.xxx.x




Subleasing problem (by cjl [NY]) Posted on: Feb 8, 2019 8:53 AM
Message:

Let me get this right: You are the PM for an owner. The TENANT has (or will be) moving out I assume and is subletting the apartment (without your authorization).

You want to evict the tenant for non-compliance of your lease and then place a new tenant "that will follow your lease". The owner (for whom you work for) wants the tenant to stay but be "slapped on the wrist".

Is the tenant staying or leaving? Why are they subletting in the first place? If they aren't planning on leaving then are they looking for a roommate?

I'm a bit skeptical on the whole thing - if they aren't leaving but have a "sub lease" going on - are they scamming the company? This is a bit odd. --209.217.xxx.xx




Subleasing problem (by Kathy B [CO]) Posted on: Feb 8, 2019 9:19 AM
Message:

Chloe (Mo): good questions. Tenant intended to stay and sublease a spare bedroom. We suspect this was taking advantage of the meat packing plant to get both rent/deposit. We’re going to end the lease and get everybody out. Fresh start. Thank you.

VEE(OH): we could lease to the new guy but doubt he can wait a month. We’ll start with new tenants. Thanks for your input. --174.209.xx.xx




Subleasing problem (by Kathy B [CO]) Posted on: Feb 8, 2019 9:19 AM
Message:

Chloe (Mo): good questions. Tenant intended to stay and sublease a spare bedroom. We suspect this was taking advantage of the meat packing plant to get both rent/deposit. We’re going to end the lease and get everybody out. Fresh start. Thank you.

VEE(OH): we could lease to the new guy but doubt he can wait a month. We’ll start with new tenants. Thanks for your input. --174.209.xx.xx




Subleasing problem (by Jerry [MA]) Posted on: Feb 8, 2019 9:52 AM
Message:

This isn't a sub-lease. It is a roommate. What does your lease say about roommates? --71.233.xxx.xx




Subleasing problem (by cjl [NY]) Posted on: Feb 8, 2019 10:17 AM
Message:

Yup … not a sublease at all. This is a roommate situation and basically THEY drew up a lease (or an agreement) with them to pay a portion of the rent (which, really is a good idea between roommates anyway). The "issue" is what your lease states about any "guests" staying over any certain number of days and/or roommate situations. Does it cover the fact that they are not allowed to just "add" people in the apartment without prior acceptance/authorization from owner/ PM?

You may want to look at that before you get into the "get out" because if your lease doesn't cover it you are in the wrong. --69.201.xx.xxx




Subleasing problem (by Ken [NY]) Posted on: Feb 8, 2019 10:24 AM
Message:

Give me a break,you want to kick the tenant out so you can charge the owner a months rent to refill the unit.Yell at the tenant and tell them not to do it again and apologize to the owner for not looking out for his best interest and trying to profit from something that is not that big of a deal --72.231.xxx.xxx




Subleasing problem (by LindaJ [NY]) Posted on: Feb 8, 2019 12:11 PM
Message:

I would think you have to do what the owner wants. He is the one hiring you. --108.4.xxx.xx




Subleasing problem (by small potatoes [NY]) Posted on: Feb 8, 2019 9:38 PM
Message:

Do you have a financial incentive to re-lease the apt? Do you charge a fee to the owner or prospect? Now if the tenant created a fake lease and was trying to scam the meat plant then that is not showing good character. I assume you gave them notice to cure, in writing? So if they do, no harm. Point earlier about adding people to the lease/ roommates. How does that shake out for you? I'd issue the stern warning that they are MTM and any further infraction will not go well.

And it is winter, do they pay the heat?

--100.2.xx.xxx




Subleasing problem (by plenty [MO]) Posted on: Feb 9, 2019 5:36 AM
Message:

What Ken said. And it's a roommate, I'd let them be my business partner and charge more for this roommate situation. --99.203.xx.x




Subleasing problem (by Oregon Woodsmoke [ID]) Posted on: Feb 9, 2019 9:18 AM
Message:

You are the property manager. What you do in this situation is to do what the owner, who is the one who hired you and is paying you, wants you to do. --98.146.xxx.xxx



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