I have a 1 year lease which states that the Tenant shall not sublet all or any part of the Premises or assign or transfer the agreement or any interest in it without Landlord's prior written consent. My Tenant/Tenants have done the opposite. Three people were on the lease two of the persons moved out and the remaining individual started renting rooms to 3 other persons not on the lease. What recourse do I have.

Hello Debbie:

You can evict them... It's your ONLY recourse... Unless, you want to raise the rent as your just compensation, or even to punish them. Ok, try that. If it works, sign a new lease with them. If not, evict them.

excon

Is this pertaining to the thread you started here:
https://www.askmehelpdesk.com/real-e...lid-31342.html

For future reference its not a good idea to start different threads pertaining to the same question. It helps us help you when all the info is in the same place.

As excon pointed out here and as I pointed out in the other thread, if the lease specifically prohibits sublets and/or transfers without your approval, then the remaining tenent has violated the terms of the lease. This gives you grounds for terminating the lease and order that they all vacate the premises. So you need to serve them notice of termination and order to vacate according to the terms of the lease (x days notice etc.).

If they refuse to do so, then you need to proceed with eviction proceedings according to the laws of the state where the house is located.

Ok, they have violated the lease, so at this point you can evict the person if you so want to.

Or maybe you should go to them and give them an option of signing a new lease with the new tennants listed on your lease.

Once you are aware of this situation, if you don't do something, you have in fact agreed to allow it. So inaction is an acceptance. So you either allow it to happen if you are getting your rent and think it is OK,
Or you can evict the renter and his sub lease people.
Or you can give them an option to sign a new lease with all of them listed.

And I did not go back to look but if this is a similar question, often asking the same thing again does not get different answers. On another site a person has started a new thread every day for three weeks now,

I would send them a 5 day notice to cure or quit. Include your application with ALL requested information filled in. Failure to respond will result an eviction notice for all tenants be filed on the sixth day. Indicate that a $20.00application fee will be charged, credit and background checks will be also conducted. (Don't charge if you are not going to do it).I would also indicate that rent will be determined based on acceptance of the applicant and that you will be coming over at a future date with lease in hand to conduct an inspection of the premises and sign up all qualifying applicants.

The point behind this is to let your tenants know who is in charge. You might consider sending out monthly rental tips about utilities and such. Basically, it will let them know that you are a proactive landlord and are keeping a close eye on things. I get the feeling your tenants rarely see or hear from you.

While Chuck's and brooks' suggestions are good, I got the impression you want these people out. So if you offer them any indication that you will accept them as tenants you may have a harder time getting them out.

According to you, they violated the terms of the lease, so you have grounds for terminating it and telling them to vacate.

LET'S SOLVE THE PROBLEM OF YOU NOT HAVING YOUR PROPERTY RESIDENTS ON A LEASE...

You notify ALL of your original TENANTS that they are responsible for the lease terms AND for the illegal subletting of the property. You do this in an individual letter to each - same letter, individual envelopes so that USPS forwards the letter(s) addressed to the 2 who have moved out.

Include 2 rental application forms with each letter advising them that you expect the new occupants to provide the information on the application forms and be formally screened... give them 2 weeks to comply.

Remember - you just want to know who is in the apt and have them on your lease otherwise, the original 3 are still on the hook and your letter to them should stress this.

If all you want is to get all the tenants checked out and as signators of a lease, then you should follow the others instructions.

However, if what you want is to get them out, then DO NOT do anything that might indicate you are willing to accept them as tenants. Deal with the fact that they violated the lease and you are terminated the lease and want them out.