Rights and responsibilities of the main tenant and sub-tenants
If your roommate moves out or you decide that you need a roommate and the landlord agrees, you can become the main tenant. If your future landlord prefers to communicate with a main tenant and rent as a lease, that tenant can also become the main tenant, and then the main tenant supervises the other tenants in the same unit. If you are in a main tenant-sub-tenant situation, this is what you should know.
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What is the main tenant?
The main tenant is a tenant who has a direct relationship with the landlord, while the other tenants are not. It may be that someone moved out and brought in a new tenant. Subletting agreement, But still bear legal responsibility for the lease. It may also be a tenant who remains in the rental unit and brings in another tenant without adding the person to the rental agreement.
The lessee who is not on the “lease agreement” is the lessee.
What are the responsibilities of the main tenant?
The main tenant is the only one who has formal contact with the landlord. Depending on the situation, the landlord may identify the tenant and do things such as accepting the tenant’s request for repairs.
Actually Rental agreementHowever, this is between the landlord and the main tenant, who is ultimately responsible for paying the rent to the landlord. The main tenant is also responsible for bringing the problems affecting the sub-tenants to the landlord’s attention.
Since the main tenant is the only person in the “tenancy agreement”, they are also the only person who is financially responsible to the landlord. Ultimately, if the lessee fails to pay the rent share or the lessee causes damage, the lead lessee may be liable. Although the main tenant may have legal requirements on the tenant, they are still obligated to pay the landlord before resolving any civil lawsuits.
The main tenant may also need to obtain Agree to sublet If the lease agreement does not yet allow subletting, please consult the landlord.
Can the tenant raise the rent?
The main tenant’s ability to increase rent depends on their “subletting agreement” with the tenant, the “lease agreement” with the landlord, and local laws.
The subletting agreement should specify the cost to be paid by the lessee. This may be a fixed amount, or it may be a percentage of the rent charged by the landlord. Before a new subletting agreement is signed, the main tenant is usually unable to increase the required rent.
The landlord has the right to include in the main tenancy agreement the restrictions on the charges that the main tenant may charge to the sub-room. For example, the tenancy agreement between the main tenant and the landlord may only allow them to charge the tenant half of the maximum full rent.
In some jurisdictions (such as California), it is illegal for the principal tenant to charge tenants more than the percentage of their private living area. The purpose of these laws is to prohibit the primary tenant from profiting from the secondary tenant.
In the absence of such a law, the main tenant and the sub-tenant can freely negotiate their own agreements. In other areas, the lead tenant may have to disclose part of the rent paid by the tenant to the landlord and comply with any other legal requirements.
If the main tenant intends to increase the rent paid by the tenant, it is usually best to Notice of rent increase.
What happens when the main tenant moves out?
When the main tenant moves out, there are two points to consider.
First, if the tenant wishes to stay after the expiration of the lease, the tenant may need to sign a new lease agreement with the landlord. The landlord may wish to qualify tenants like other tenants (if they have not already done so).The main tenant will also wish to provide a Letter of intent to move This way they will not continue to assume responsibility after the expiration of the “lease agreement.”
Second, the main tenant may wish to stay in the house until the tenant moves out or the latter signs a new lease agreement with the landlord. If the tenant refuses to move out, as the lessee, the main tenant may bear the rent and other losses to the landlord.
If you have questions about the rights and responsibilities of landlords and tenants, or need help in resolving disputes, please contact Rocket Lawyer on call® Affordable advice lawyers.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm, nor is it a substitute for a lawyer or a law firm. The law is complex and changes frequently.Seek legal advice Ask a lawyer.