While many housing leases prohibit subletting, tenants often try to avoid the application. Because of the short-term nature of the sublease, tenants can say that the subtenants were just their friends or family members. Even if the landlord has a three-day period for the execution of alliances or quinces to a subleased tenant, the tenant could remove the subtenants within three days, while he intends to sublet in the future. A landlord could eventually evict the tenant for multiple offences, but this would require considerable evidence and patience. Owners who want to avoid the problems of subletting holiday apartments should prohibit the transfer and subletting in their rental contracts and also prohibit the advertising of rental premises for the allocation of sublettings. Evidence of illegal advertising is often simpler than evidence of illegal subletting. Landlords may consider using the following provision in their tenancy agreement and changing it to the terminology used in their tenancy agreement: you become a subtenant as part of a sublease. It is important to ask the owner for permission to sublet your apartment if the rental agreement requires the owner`s consent. If the master credit contract does not require authorization, you must inform the owner that you are subletting your apartment.
Some states allow subletting by law. In any case, if you do not get written permission from the landlord if necessary, you and your tenant could be evicted from your apartment. A tenant «rents» when he temporarily leases the entire building to another party or transfers or shares part of the leased space with another party. California allows tenants to sublet, unless the tenant`s tenancy agreement prohibits or limits subletting. An apartment for family or friends can be sublet on the number of people indicated by the available rooms (z.B. a three-bedroom apartment can be rented to three tenants). In the case of co-responsible tenancy agreements, the sublease agreement must be signed by all principal tenants and their information must be completed, even if only part of the apartment is rented to a subtenant. Subtenants are bound by the original tenancy agreement and tenants cannot transfer rights to the subtenant who has not been found in the tenancy agreement. If the tenant or subtenant violates the tenancy agreement and the lessor terminates the tenancy agreement, the tenancy agreement for both ends. As a tenant of a student dwelling, you do not have the right to give control of the apartment or part of it to another person without the consent of the landlord, nor to allow any other person not included in the rental agreement to remain in the apartment. In addition, the tenant cannot transfer the lease to another person because the landlord requires that the apartment be used by a student. If you sublet your apartment without Hoas` consent, your own lease may be terminated.
Since you will be the owner of your subtenant, you should discuss this with them in advance and agree on how to deal with such situations. Since Hoas does not have a contract with the person to whom you sublet, the subtenant cannot act as an intermediary in case of problems with your lease with Hoas. The principal tenant must hand over the keys to the subtenant at the beginning of the rental period and pick them up when the tenant moves. The principal tenant cannot leave the keys to Hoas so that the subtenant can pick up the keys at the end of the sublease contract, nor can the tenant return the keys to Hoas. If the owners build or buy a house in a subdivision, it is up to them to rent that property to someone else or use it as a short-term rent like Airbnb.