 possible subleasing (by Karen [MO]) Feb 4, 2011 10:46 AM
 possible subleasing (by in [IN]) Feb 4, 2011 11:00 AM
possible subleasing (by Karen [MO]) Feb 4, 2011 11:24 AM
possible subleasing (by K [MN]) Feb 4, 2011 11:53 AM
possible subleasing (by Roy [AL]) Feb 4, 2011 1:16 PM
possible subleasing (by in [IN]) Feb 4, 2011 1:21 PM
possible subleasing (by Carolyn [MO]) Feb 4, 2011 1:45 PM
possible subleasing (by Virden [OH]) Feb 4, 2011 2:37 PM
possible subleasing (by frank [KS]) Feb 4, 2011 4:11 PM
possible subleasing (by Karen [MO]) Posted on: Feb 4, 2011 10:46 AM
Message:
State Specific Question About: MISSOURI (MO)
I always learn from this group and hopefully will again with this one. Situation: Our single tenant signed a one year lease in August. Our property was "broke in" at Thanksgiving although (thankfully) no forced entry or damage to our place, but they "took" stuff (including gun) from tenant. Either he left door unlocked or gave key out to someone (although he denies it, of course).
He has not wanted to live there since the "burglary" because he "is scared". He has requested to get out of lease because he doesn't want to live there anymore. Told him if we found a suitable tenant than we could consider it but he is liable to any rents until then. We have discussed with him about getting a roommate and sharing costs and he was made aware that this person would have to fill out application and complete background/credit check.
He apparently has let someone move in without our approval and he is living elsewhere. He denies that this person is subleasing (I believe he is a liar). We are supposed to meet with him next Wednesday so we can do a "home inspection" (basically we can look and see how many people are living there). He again has said he doesn't feel safe living there and is good where he is at (girlfriends house). He told us to bring application for this "new person" that wants to live there and I believe already is living there.
I know this is very long, but need to know how to handle this before we meet next week. I can't get over there before then. Should we consider this as an eviction case and proceed legally? Call the police to have this unapproved person removed? Consider this person as a potential tenant and do background checks. It makes me angry that he allowed someone to move in and the lease states subleasing is not allowed. Whew.....thanks. --99.88.xxx.xx |
possible subleasing (by in [IN]) Posted on: Feb 4, 2011 11:00 AM
Message:
Whatever the lease say, is not gold...
Gold or money can only be had when in the hand...
If you are being paid, that is fine...and Profit is the bottom line...
Did he file a Police report...no break in you need to change the locks... --67.163.xx.xxx |
possible subleasing (by Karen [MO]) Posted on: Feb 4, 2011 11:24 AM
Message:
Oh yes, we changed the locks that day. Police report was made (that's how we knew a gun was one of the stolen items). It makes me angry that someone that is unapproved may be living there. Don't know this person from the man in the moon. Renter had been told he couldn't do that (sublease), as well as having it written in lease, and he would be liable for rent for remainder of lease.
If nothing else, I was considering this an eviction case so it would be on his record.
If the lease doesn't hold water, then why have it? It seems the people that don't follow the rules have more rights than the law abiding people. --99.88.xxx.xx |
possible subleasing (by K [MN]) Posted on: Feb 4, 2011 11:53 AM
Message:
I think what in[IN] is referring to is that you are getting rent money despite the lease. You can win an eviction in court and then end up with a vacancy. Think about signing a new lease with the guy living there to keep the rent money coming in. --209.68.xxx.xxx |
possible subleasing (by Roy [AL]) Posted on: Feb 4, 2011 1:16 PM
Message:
When a person does not feel safe living where they are, nothing will keep them there. Since you don't trust this man, I would give him the Happy Clause and let him go. Also, boot the subletee too. --76.18.xxx.xxx |
possible subleasing (by in [IN]) Posted on: Feb 4, 2011 1:21 PM
Message:
No one reads or follows a lease, but it does give you a guide line.
As for knowing someone you never know anyone...ask any one that has been through a divorce.
The bottom line is making a profit, without it you will not have a house to worry about...and the bills will be on your back..
Being right is not always the best thing to be....Better luck next time....
I have won every court case I have filed, I have not collected every case I have won.. --67.163.xx.xxx |
possible subleasing (by Carolyn [MO]) Posted on: Feb 4, 2011 1:45 PM
Message:
Missouri law allows for double rent for subletting without approval. I have used that to get an unapproved subleasee out voluntarily. Persons don't want to be liable for double rent.
I include the statement about the double rent in my lease, so it is easy to call attention to this when a tenant is thinking about subleasing. --195.93.xxx.x |
possible subleasing (by Virden [OH]) Posted on: Feb 4, 2011 2:37 PM
Message:
Why not keep the new person, inspect for damages just like any other time - keep up to speed with the original tenant - he will be the ones to sue for damages and if she/he purchase a house you have a great chance to collect. --99.147.xx.xxx |
possible subleasing (by frank [KS]) Posted on: Feb 4, 2011 4:11 PM
Message:
We had a tenant move out last weekend and their relatives moved in without contacting us. I talked to 2 lawyers. I always get two opinions if I do not like the first one.
This new squatter did not meet with my approval and I wanted them out. The attorneys both agreed that we should give a 3-day notice to the original tenant that had moved. We did and she paid and we are having the lawyer evict them now with a 30 day notice to move because the lease states that they cannot sublease.
Cops might have done something if we could have let them know immediately.
I will look into the law to see if Kansas law allows double rent for subletting as Carolyn[MO] states. If so, I will definitely have the last laugh, --174.70.xxx.xx |
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