Can my tenant suppress my property?
This question is asked a lot and I understand the reluctance of landlords to allow it- after all, you have concluded an agreement with a certain person, but someone else now also wants to go to your property.
There is also the question that your tenant sometimes earns more money than you!
However, the simple answer is this-yes, your tenant can suppress your property, but they must first obtain your written permission.
Make sure you are all on the same page, so there are no surprises.
If they don’t, they can violate the conditions and conditions of their lease and the lease can be terminated.
If your tenant is looking for your approval for a sub -reduction, you cannot withhold your permission unreasonably (ie you cannot say no without a good reason).
And you also have a good tenant – they can simply move a person without knowing to seek permission, is a good thing. This allows you to know what is going on and not to be surprised if you carry out a routine inspection and there is someone else who lives there.
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That said, you definitely have the right to see requests from potential sub-tenants and to use the same due diligence that you or your real estate manager used with your tenant.
You just have to be honest and reasonable and be able to resist a challenge from your tenant that you were unreasonable to say no.
You cannot increase the rent – no matter how you like – because you have given approval for your tenant to sub -SUBLET.
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It is important that you or your ownership manager the person where your tenant is looking to do your property.
However, according to the legislation on lease contracts, you have the right to request reasonable costs for giving permission or considering an application for permission.
All this may sound a bit complicated and I am often asked-nou, why can’t I simply bypass this by adding a term and condition to the lease that the tenant is not allowed to be sub-LET?
Although this may seem like a good solution, you run out of the action that is forbidden and you can get a fine of $ 50,000 if you do.
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The best advice I can give you is to collaborate with your tenant to come up with a sub-tenant who is acceptable to all parties.
A good sub-renting helps to pay the rent of your tenant (which is always a good thing) and help to take care of the property.
Communication is the key and always keep in mind – if you are not constructive and you simply refuse the permission without a good reason, your tenant will probably just move them inside.
Paul Edwards in the South Australia in the South Australia. Delivered.
Answer given by Paul Edwards, the legislation of Reisa and industrial advisor
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