by rhondear on March 19th, 2005

rhondear

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I recently leased out a condo unit that has a ban on leasing, which I did not know about. Can the tenant be evicted? And what can they do to me?

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  • by Anonymous on March 22nd, 2005

    Anonymous

    I am not a lawyer, so this is only offhand advice from what I know about contract law. Please take my advice with a grain of salt. I don't know if you have a lease agreement or not with your tenant, but if you do, the lease is most likely invalid. You were not granted to right to sublease, so you have no authority to do so. If there was a verbal contract, I don't know what the legal ramifications are, so I can't comment. If it's just someone living there and paying you money, you can and should kick them out.
    I'm not certain, but I believe the the tenant can be evicted from the apartment by the original leasors. However, what you should be able to do if you legally want to avoid a problem (but this could cause many, many much more serious problems, it should only be tried with someone you know well and intimately trust) and keep the lessee is add them to your lease. Just have them pay the rent directly every month, and there can be no legal problem.
    Unfortunately, you need to fix the problem before you landlords find out. You are breaking a portion of your lease, and that can get you evicted, and still owing the remainder of your lease. If you break the lease, there is no legal recourse for you.

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