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?

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.

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.

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?

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.

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.

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?

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?