(1) I own a property in a certain area. I let it for 3 years to my friend with the following covennants:
1. The tenant covenants not to assign or sublet the premises without the permission to the landlord.
2. The tenant covenants not to make any alterations to the premises.
Having obetained my consent, my friend assigned the lease to her another friend Teresa last year. Without informing me, Teresa took another student Ann, as a lodger. Teresa provides Ann with breakfast and dinner everyday and cleans her room every week.
As Ann needs somewhere to keep her books, she has installed bookshelves in her room, nailing the shelves to the wall with brackets.
As I discovered this, I am now seeking your advice.
(2) Assume the informtion above and I decided not to take any action. However, subsequently, Teresa does not pay the rent due under the lease for six months.
Please advice me as to my remedies in respect fo non-payment of the rent against (a) my friend, (b) Teresa (c)Ann.
Thanks.
Answers & Comments
Verified answer
I would suggest you get Theresa to sign a lease and Ann as well. You ahve a hard time suing a person for rent when they are not your tenant. You ahve no contract with these women. When your firend sublet the lease, he breached the lease and you should have ended the lease at that point or had the new person sign a lease. Then as a tenant they are responsible for not just their part but the whole in case another person does not pay their rent.
You may have passed a time period to break the lease and kcik everyone out. However, you should go to the women who are there and tell them that they must be on the lease and add them to a lease and best if your friend also sign the same lease with them all down.
Your friend had no right to sublease the unit without your permission. Who pays your rent? Does your friend pay and then the others live there? Maybe the rent needs to be increased as he is probably making a profit on them there.
Ah, I justsaw that your consent was obtained for them to lease to another. Did you have Teresa sign on the lease? You could have a problem.
The tenants, your firend and perhsps Teerea must fix the bookshelves or the wall when they leave or you may wish to require them to lieave the shelves installed and notify them that since it was added that it cannot be removed. When something has been added to a property (built in) then it becomes a part of the property.
Look at the job and if not done well, require them to take it out. One problem you have is that Ann probably doesn't have a copy of the lease. You should inform your friend that Teresa has sublet the premises without permission.
To be safe, it is better to get all the names on a lease, including your friend. They could leave with Ann remaining and you have no contract iwth her. You could be putting her out and if she has a problem or handicap, you might find yourself stuck.
Have to be careful that who is supposed to live there is who lives there and any change must be with your permission and should be in writing and you get the signatures to make them also responsible.
Good luck to you.