Posted by Lisa in Oz on May 10, 1999 at 19:33:07:
Check with your State Rental Authority. Here in Australia, if we don’t pay the “rent”, whether you are the “head tenant” or “sub-tenant” doesn’t really matter as long as due process is followed–you are out of there buddy! And, your sub-tenants go with you. All bets are off.
How do you evict the “sandwich lease holder” - Posted by Brian (IN)
Posted by Brian (IN) on May 10, 1999 at 15:34:36:
Does anyone know how you go about evicting someone who holds the sandwich lease? I have a potential home I am trying to L/O from the owner and he wants to know his recourse if I do not pay him timely.
The Same Way - Posted by Sean
Posted by Sean on May 11, 1999 at 08:33:29:
You evict the sandwich-lease guy the same way you’d evict anyone. Once the eviction is done, the person who is sub-leasing no longer has a lease.
At that point the person can either contract directly with the other guy or have the sheriff show up to remove him.
Also, in California, it’s fraud to collect rent from a sub-tenant and not pay your rent. If it’s the same in your state you should tell him he can get the district attorney’s office involved.
Re: How do you evict the “sandwich lease holder” - Posted by Irwin
Posted by Irwin on May 11, 1999 at 07:22:42:
Does the owner know you intend to lease/op to someone else? If so, just tell him that if your tenant doesn’t pay, you still have to. If the tenant pays you, but you don’t pay him, he can cancel your lease and go direct to the tenant and collect more rent from him. If neither one of you can pay him, he tosses both of you, and as Lisa from Downunder says: “All bets are off”.