Questions regarding subletting, leases, eviction, rent, and deposits

Discussion in 'Rental Agreements & Subleases' started by thanksagain, Feb 26, 2012.

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  1. thanksagain

    thanksagain Law Topic Starter New Member

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    I'm the primary tenant of the townhouse I rent as the landlord only likes to deal with one person from each rental property. I just want to make sure I have all my bases covered. It's a hassle to have to deal with roommates moving in and out less than every six months. Each time it takes a lot of effort and many hours to find a proper roommate.

    1. Rent - I normally charge $500/mo but due to the hassle I want to charge $550/mo for the first say six months (just in case i can't do a lease) then credit it back at the end, or not at all and charge $500/mo after the first 6 months.

    2. subletting - The landlord does allow subletting, but fitting in the fact that the agreement is between us, however all other landlord duties outside of the rental agreement (repairs, etc) are the responsibility of the landlord. Is this possible?

    3. Eviction - Sometimes roommates need to be given a 30 day notice. I know that it can be a hassle to get them out and they can fight it for awhile... Is it possible to put a clause in the lease that says that by signing the rental agreement, they agree to vacate the premises upon the end of a 30 day notice timely and respectfully as stated in the terms of the agreement... and be forced to comply with it legally (hence not fight or delay the process).

    4. deposits - If I do decide to do say a 6 month lease, would the subletting tenant be bound to it, and if they choose to move out early would they forfeit their deposit (of course this can cause problems)? would it be better to simply do 550 for the first 6 months and 500 thereafter as it does take considerable time to find a suitable roommate.
    In addition, since I am subletting and not a corporation, how would this affect everything. To my understanding, I am not bound by the same laws as renting out the extra room to anybody. My understanding is that it only applies to renting an entire unit, not subletting a room. for instance, my roommate may prefer to share her bathroom with a girl, or somebody might be amiable, but we don't want their significant other staying over all the time and therefore it's not a good fit. I don't know if these are reasonable reasons in which they could argue for their full deposit back.. This reflects back to the two different prices on rent depending on time stayed.

    5. leases - while I did mention this before, it seems leases are way too much of a hassle. Are they worth it over month to month rental agreements?

    Thanks again,
    thanksagain
     
  2. shrinkmaster

    shrinkmaster Moderator

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    1.You want to charge them for 6 mos in advance? No one will ever agree to that?
    2. Its not your dwelling you cannot do repairs
    3. You can but it wont have anymor force of law than a notice to vacate so why bother it might even scare some tenants away
    4. A lease is a contract so yes you can have a lease. a lease protects both tenant and landlord
    5. A lease gives you better protection in my view
     
  3. army judge

    army judge Super Moderator

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    A person can't waive legal rights that exist.

    In short, you can get them to waive their right to legal redress or process if you ask them to leave.

    But, that is meaningless.

    They still retain their right to due process, in this case, a hearing before a judge.
     
  4. thanksagain

    thanksagain Law Topic Starter New Member

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    I'm not charging up front for the first 6 months. I'm just charging more per month for the first 6 months because of the inconvenience.

    i guess the main specific questions I have are the following

    1. Is it legal to make them agree to a 30 day notice that will start at the beginning of the month after they give it. For instance, if they want to give it on the 15th, it starts on the 1st. The reason for this is that it is very difficult to get good roommates in the middle of the month and it's done as a courtesy to the other roommates.

    2. If they break the lease, do they forfeit their entire deposit and any rent left over? Also, am I required to refund a portion of the deposit or rent if I get somebody in sooner? It's a huge hassle to find a new roommate.
     
  5. shrinkmaster

    shrinkmaster Moderator

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    1. Is it legal to make them agree to a 30 day notice that will start at the beginning of the month after they give it. For instance, if they want to give it on the 15th, it starts on the 1st. The reason for this is that it is very difficult to get good roommates in the middle of the month and it's done as a courtesy to the other roommates.

    (Possibly but you need to check with your states laws.)



    2. If they break the lease, do they forfeit their entire deposit and any rent left over? Also, am I required to refund a portion of the deposit or rent if I get somebody in sooner? It's a huge hassle to find a new roommate.

    Lease cannot be broken! Its a contract! the only way it can be broken or amended is if both parties agree. Both parties are bound by term sof lease. so if tenant leaves before lease expires he/she owes rent until lease expires or until new tenant or sublettor is found. Rules on these issues on whether or not landlord must agressively seek new tenant varies by state so be aware of yours. Best advice I can give you is to read the tenant/landlord laws for your statyes an dknow them! Next write a rought outline of what you want for a lease agreement and take it to an Attorney for review
     
  6. Unregistered

    Unregistered Guest

    If I sublease and something goes wrong is it my responsibility if I tell the lessor to inform the owner or landlord
     
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