Is it legal for a tenant to rent a room out without a sublease and landlord being aware (i.e., a hotel to pay their rent)?
In many jurisdictions subletting is against their local bylaws. People still do it, and then people complain about being fined, their illegal tenants are evicted, and then a judge rules in the illegal tenants favor when suing the subletting landlord. I see this all the time by oblivious landlords that try to sublet illegally when their own rental agreement clearly states they aren’t allowed to, or they turn a building, house or apartment into an illegal boarding establishment.Even those using airbnb don’t get it until they’re fined and try to dispute the fines, all in a losing battle as the zoning bylaws clearly prohibit it.
If a commercial tenant does not have a lease and the landlord increases the rent, does the tenant have to pay the increased rent if the tenant decides to end the tenancy and gives the landlord a 30-days notice?
Can heavily depend on the lease and state law. Absent those typically every 30 days is a new lease that is agreed to by the tenant paying rent and the landlord accepting it. There is not necessarily anything preventing the landlord saying rent is increasing for next month even if it’s less than 30 days. There also isn’t anything necessarily requiring the tenant give 30 notice of vacating.In the specific case you cite if the tenant decides to stay then the landlord is owed the additional rent but the tenant doesn’t have to give 30 days notice. Tenant just has to say no and that is functionally terminating the tenancy at the end of the term the tenant has paid through.
How do you get a landlord to understand that he cannot make a tenant pay for repairs plus the rent?
Do you have a lease? What does the lease say about repairs?Here is wording regarding repairs from two different leases in my files.“1. TENANT’S MAINTENANCE RESPONSIBILITIESTenant will (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear, (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware, and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant’s guests or business invitees through misuse or neglect.”another,“15. TENANT'S REPAIRS AND MAINTENANCE: The Tenant shall:(a)Pay for all repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, which includes but is not limited to sewer and plumbing drainage problems caused by the Tenant.”As you can see, repairs are the responsibility of the tenant only when the damage is the result of action or negligence of the tenant.Now, check out your copy of the lease, think about the repair that you landlord is charging you for, and if it’s not your fault, you don’t pay, you show him your copy of the lease.ORgo to Lawyers, Legal Forms, Law Books & Software, Free Legal Informationand search “landlord tenant law (state where your rental is)”
Do landlords really carry out "revenge" evictions or is it usually the case that the tenant is really being evicted for rent arrears? Why would a landlord want to evict a tenant who is paying the rent?
Depends on jurisdiction, but in mine, a tenant can be evicted for a number of reasons, one if which is non payment of rent, also, causing a disturbance for neighbours, causing damage, smoking in a nonsmoking building, pets where no pets are allowed and many others etc. A tenant can apply for a ruling from the government authority that handles landlord tenant relation if they feel they are being evicted for no good reason.A landlord who applies a “revenge” eviction would have to show good reason to evict the tenant, unless the tenant is naive w/r to the law or just doesn’t want the hassle of dispute resolution. Some landlords might count on this and get away with it most of the time. I have had friends who could have saved money if they had known the regulations and rights of tenants. The landlord is probably less interested in revenge than just getting rid of a troublesome tenant.If a tenant refuses to be evicted and follows due process in their jurisdiction, they can extract a lot of revenge on the landlord because it can take months and cost significant money to evict a tenant who knows how to play the system. There are people who never pay rent. They just rent a place, then let the system grind through the process. It can take up to two years. That’s a lot of free rent. One wonders how they get references!There is more to the landlord tenant relationship than just paying rent. If a tenant paying rent but making the landlords life hell with trivial complaints, property damage, disturbances, filth etc, then then it is worth it to evict.
How often do tenants ask their landlords for a little extra time to pay their rent? And, how should a landlord respond?
( working in an apartment community of 300+ units)I hear it atleast once every couple months. That being said, our lease accounts for this request, stating that if you pay after "x" date, you are responsible for paying the rent plus late fees up to the date we file for eviction. As the landlord, it's best the be consistent and file on everyone on the same day, or you could run into a fair housing issue ( depending on laws in the state you are a landlord). If you grant one person something, you need to make sure you are treating all your tenants equally. I don't know how this law affects a landlord who owns so gle family dwellings for rent, however. Hopefully someone else will post on that. My best piece of advice is to consult ( in the US) the landlord-tenant act for your state.
Can a tenant sue in California the landlord to have failed to mitigate damages for 10 months, after moving out of the office, continuing paying rent?
I can’t give legal advice and I’m not a litigator or commercial landlord-tenant lawyer (though I do occasionally go there as part of advising startup clients about their office issues).Nevertheless, it looks like the other answers are on the right track that there was no breach of the lease. Actually, there may have been a breach because “moving out of the office” constitutes abandonment of the premises (see Bruce Feldman’s answer), and most commercial and some office leases allow the landlord to declare a breach if the tenant ceases to operate in the space. Having a vacant space is bad for a number of reasons — you can imagine why a shopping center or even an office building doesn’t want to have lots of empty units. But the landlord is within his rights not to claim a breach, and continue accepting rent. Thus, the lease stayed in place for 10 months. If the lease is up now, I just don’t see any damages.On the other hand, if the lease is not up and the lessor chooses to quit early, breaking the lease, then the landlord has a duty per common law and California statute to try to re-rent the premises on reasonable terms and accept any decent offer that comes in. They don’t have to do that, but if they fail, they can no longer claim lost rent damages against the tenant. Raising the rent 50% is probably not reasonable, but I would consult a lawyer on that. It would be interesting to see on what day that duty began, which is probably a combination of reading the statute and case law, and looking at exactly what happened in terms of notices and timing. If the landlord had 10 months to find a new tenant and failed, does the duty to re-rent and failure to do so begin on day 1 after the tenant leaves because they had notice, or do they merely have to start the process of looking for a new tenant on day 1. Normally, if the tenant were to quit abruptly, it would not be unusual for it to take a landlord 1–2 months, longer depending on the type of space, to clean it out, find an agent, advertise it, and begin seeking a replacement tenant.
Is it possible for a landlord and a tenant to sue another tenant for not paying rent?
This sounds like it might be a typical roommate situation gone bad, a scenario that a Boston tenant lawyer sees a lot in practice.Before considering who can sue whom for what, it’s useful to think about who owes what to whom. Assuming the parties are operating under a written rental agreement, the only way to sort that out is to look at the actual terms of the lease.Residential Lease TermsTypically, residential leases set forth, at a minimum, the following terms:The names of all tenantsLimits on occupancy (who can live in the unit, whether you can sublet, etc.)Terms of the tenancy (whether the lease is annual, month-to-month, etc.)Rent amount and payment deadlinesDeposits and feesAny tenant restrictions (like the pet policy, prohibiting illegal activities, etc.)Any additional tenant and landlord obligations (such as who is responsible for repairs, who must pay for heat, what maintenance is provided, etc.)Usually, each adult who shares a housing unit is required to sign the rental agreement. The terms of a lease typically state that each person who signs the lease is “joint and severally liable” to the landlord for each of the obligations under the agreement.Joint and Several LiabilityJoint and several liability means that if one tenant does something in violation of the lease, his or her co-tenants are equally responsible to the landlord. So if one tenant doesn’t pay their fair share of the rent, the co-tenants are responsible to the landlord for the entire rent. Under joint and several liability, all co-tenants can be evicted and sued for unpaid rent if any one of the co-tenants does not pay their share and the others do not make up the difference.Tenants’ OptionsA co-tenant who is left having to pay the entire rent can sue the co-tenant for the unpaid rent they are owed. While some people seek the assistance of an experienced Boston tenant lawyer, this is usually something a tenant can do on their own in small claims court.The tenant will have to prove how much the co-tenant owes him or her in unpaid rent. If the co-tenants had entered into a separate roommate agreement – something that Boston tenant lawyers recommend – showing what is owed will be easy as the terms will be spelled out in the agreement. Otherwise, the tenant can try to proffer proof in the form of canceled checks from previous rental payments or bank statements that reflect the amount of rent the co-tenant had paid in the past.Landlords' OptionsThe landlord has several choices on how to proceed. He or she can move forward with attempting to collect the unpaid rents from all co-tenants or can choose to just file suit against the non-paying co-tenant.How to proceed will depend on a number of factors including whether the non-paying tenant can be replaced, whether the remaining roommates are desirable tenants the landlord wants to keep, and the likelihood of success in ultimately collecting money from the nonpaying tenant. Contacting a Boston tenant lawyer familiar with these types of issues can help.