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Re: Sublease Nightmare... Please help
by MrDan
on February 3, 2018 @13:59
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This is simple if you understand the principle behind the issues.
Your tenant who has left, still has a valid lease in effect. Just because he left does not end the lease. Only if you agree to take back possession would the lease terminate.
The subtenants are not squatters as they have a legal right to the rental as sub leasees.
You could follow either of two courses of action.
1) If rent is past due, you would need to send proper notice "Pay or Quit". If rent is not paid by 'your tenant', then you may file for eviction and possession of the rental property. You would name your tenant who signed the lease and "all others" on the eviction notice.
Under no circumstances should you accept rent payment from the sub tenants as that will establish a rental agreement with the sub tenants. (month to month)
Upon being granted an eviction, your tenants lease is terminated, which in turn, terminates the sub tenants rental agreement. The sub tenants would then be treated as holdovers if they fail to move out. You could at this point offer "cash for keys" to get the sub tenants to move out.
2) If your tenant fails to pay rent and the tenant has been absent for a period of time without notification to the landlord, you could follow your State law on abandonment of the rental property. The tenant must be gone a set period of time without notice to the landlord. The landlord would treat the tenant as abandonment of the the rental property with proper notice and terminate the lease. That would also make the sub tenants hold overs if they fail to move out. If the sub tenants fail to move, then an eviction would be necessary to remove them. Again, "cash for keys" might be the simple solution to the whole problem.
Your tenant still has a valid lease in effect
You must take action against your tenant to terminate the lease (i.e. eviction)
Accepting rent payments from sub tenants can establish a legal rental agreement (month to month)
If you have accepted rent from the sub tenants, then you might treat then as verbal 'Month to Month' tenants and just give proper notice under your State law to terminate the month to month rental agreement.
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Re: Sublease Nightmare... Please help
by Drake
on February 4, 2018 @11:43
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I think all the comments have some good advice.
Dan has you continuing to rent the property. In one post you said that is not an option? Get a GOOD lawyer, cause your in over your head. And this is not a good do it yourself case.
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Re: Sublease Nightmare... Please help
by Janet
on February 4, 2018 @14:05
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I believe you misunderstand what MrDan is saying. The OP still has a valid lease in effect until she takes action to terminate the lease by the tenant failing to pay rent after proper notice. The subtenants lease will end when the tenants lease is terminated. If the subtenants holdover, than an eviction to remove them would be necessary. As was pointed out, cash for keys might be a simple solution to remove subtenants. If the landlord has received rent from the subtenants, by law a verbal month to month tenancy has been created. The landlord can end the month to month with a 30 day notice without doing an eviction. What's not to understand? There is no continuing to rent the property involved!
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Re: Sublease Nightmare... Please help
by Stephanie
on February 4, 2018 @17:46
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I found out today according to CO law, the tenant we rented to abandoned the property and since it has been more than 30 days, his lease is considered terminated which makes the other tenants holdovers. They were given 30 days notice that their leases were being terminated, so at this point all there is left to do is evict if they dont leave on their respective leave dates
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