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Broward County, Florida
I would like to clarify a question which I posed previously which had
a few responses.
If you rent a house to a tenant, and they ILLEGALLY sub-let the
garage for another person to live in, are YOU bound to honor your
tenan't agreement to their tenant under landlord/tenant law when your
original tenant leaves??? In this case, does the guy living in the garage
have a claim against YOU or against the person who illegally sub-let it
to him ?
For reference not only does your tenant NOT have the authority to
sublet, but the building codes do not permit it.
In my opinion, any contract that violates the law is not enforceable.
What is the discussion on this matter ?
Andy in Texas
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"Andy in Fink" <jungleandy@hotmail.com> wrote in
news:2ohq80tlqov75e3rktjmvia2n8unqhd6jb@4ax.com:
Broward County, Florida
I would like to clarify a question which I posed previously which had
a few responses.
If you rent a house to a tenant, and they ILLEGALLY sub-let the
garage for another person to live in, are YOU bound to honor your
tenan't agreement to their tenant under landlord/tenant law when your
original tenant leaves??? In this case, does the guy living in the
garage have a claim against YOU or against the person who illegally
sub-let it to him ?
For reference not only does your tenant NOT have the authority to
sublet, but the building codes do not permit it.
In my opinion, any contract that violates the law is not
enforceable.
What is the discussion on this matter ?
This for discussion purposes only and is not legal advice. I am not a
lawyer.
In my understanding of contract law, if the lease signed by the original
tenant disallowed a sub-lease arrangement, then there isn't a contract with
the garage tenant at all. The original tenant cannot enter into a contract
to sell (lease) something he as no right to, so I'd consider the sub-lease
null and void, not unenforceable.
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Broward County, Florida
I would like to clarify a question which I posed previously which had
a few responses.
If you rent a house to a tenant, and they ILLEGALLY sub-let the
garage for another person to live in, are YOU bound to honor your
tenan't agreement to their tenant under landlord/tenant law when your
original tenant leaves??? In this case, does the guy living in the garage
have a claim against YOU or against the person who illegally sub-let it
to him ?
For reference not only does your tenant NOT have the authority to
sublet, but the building codes do not permit it.
In my opinion, any contract that violates the law is not enforceable.
What is the discussion on this matter ?
Andy in Texas
I would say that you have a tenant with whom you have no agreement.
More likely than not, this amounts to a tenancy at will rather than no
tenancy. A local court is likely to give you a writ of possession so
that you can evict the illegal subtenant, then the sheriff can remove
him and his belongings. But evictions are not a do-it-yourself
exercise: if you do not proceed decently and in order, a tenant who
stands on his rights can make life miserable for you. See a local
lawyer who handles evictions, the sooner the better.
--
Not a lawyer,
Chris Green
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Andy in Fink wrote:
Broward County, Florida
I would like to clarify a question which I posed previously which had
a few responses.
If you rent a house to a tenant, and they ILLEGALLY sub-let the
garage for another person to live in, are YOU bound to honor your
tenan't agreement to their tenant under landlord/tenant law when your
original tenant leaves??? In this case, does the guy living in the garage
have a claim against YOU or against the person who illegally sub-let it
to him ?
IMHO, it doesn't matter whether it's legal. When the rental agreement
ends, the sublessee has no claim against you. Whether the tenant
leaving ends the rental agreement is another question.
I am not a lawyer, but I've been a landlord and a tenant (sometimes
at the same time) in both California and Arizona.
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Andy in Fink <jungleandy@hotmail.com> wrote:
Broward County, Florida
I would like to clarify a question which I posed previously which had
a few responses.
If you rent a house to a tenant, and they ILLEGALLY sub-let the
garage for another person to live in, are YOU bound to honor your
tenan't agreement to their tenant under landlord/tenant law when your
original tenant leaves??? In this case, does the guy living in the garage
have a claim against YOU or against the person who illegally sub-let it
to him ?
For reference not only does your tenant NOT have the authority to
sublet, but the building codes do not permit it.
In my opinion, any contract that violates the law is not enforceable.
What is the discussion on this matter ?
This is for discussion purposes only, and is not legal advice. I'm
not a lawyer. If you want legal advice, hire a lawyer.
My guess is that the sublease is not enforceable against the landlord.
The rest of the details are probably irrelevant. It doesn't matter
that the sublease was in violation of the main lease, nor even that
the building codes forbid the sublease.
What (probably) matters is that a sub-lease is, by definition, only
what the word says: renting the primary tenant's leashold to
someone else (the sub-tenant). Basically, the sub-tenant can't
acquire any more rights than the main tenant had. When the main
tenant's rental is (legally) terminated, then there is no leasehold
left to sub-let _from_.
So the landlord should be able to have the sub-tenant evicted. The
bad news is he will still have to go to court if the sub-tenant won't
leave when served with a "notice to quit". (That would be a 3 day
notice in California.) But it should be a slam-dunk.
If the sub-tenant actually tries to fight the eviction in court, it
probably won't hurt to bring up that the building code doesn't allow
subletting the garage. It's just one more argument against the
sub-tenant.
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Feel free to use the above variant pledge in your own postings.
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