john squire
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can a managing agent prevent sub-letting in an apt complex, by way of preventing suspected sub letters entering the complex on the grounds they are trespassing
can a managing agent stop someone trespassing within communal areas of the apt complex
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Can you explain the circumstances by example ? Is this a case that an apartment complex has an owner who let out their apartment and all was well. Then the tenant decided to sublet it to someone else without telling the landlord. Now the sub-tenant is causing grief and the owner is saying he is not at fault and can do nothing as it is a sub-letting ?
john squire
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no the managing agents (caretaker) of a 50 apt complex discovered the sub letter and told the LL to get rid of the sub-letter, but the LL pointed out that he has no power to stop the sub-letter entering his apt but the managing agents could get rid of the sub-letter by refusing entry to the complex
john squire
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no the tenant cannot have a sub letter without permission from the LL..it is simple there are unwanted trespassers in the complex can the caretaker throw out the trespassers, or can the police, or can the property owner
dereko1969
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Not sure how it would work with the current COVID restrictions on evictions.
Is this an Airbnb scenario?
What have the subletters done to warrant attention and being evicted?
Is this an Airbnb scenario?
What have the subletters done to warrant attention and being evicted?
john squire
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it was just a question "can the managing agent expell tresspassers"
dereko1969
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There's no such thing as "just a question". Context is everything in most cases.
What is a trespasser? You're defining them as a trespasser, that doesn't make it so. The landlord doesn't view them as a trespasser as the LL has stated s/he can't stop them coming into the apartment - so how can someone with implied permission to enter an apartment be viewed as a trespasser?
What is a trespasser? You're defining them as a trespasser, that doesn't make it so. The landlord doesn't view them as a trespasser as the LL has stated s/he can't stop them coming into the apartment - so how can someone with implied permission to enter an apartment be viewed as a trespasser?
I think the apartment aspect is a red herring. It is the landlord's responsibility to control sub letting within their property.
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My tenant is subletting without my agreement. What can I do?
Property Clinic: There are two aspects here, the legal and the practical
john squire
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did you read the question...also as an English teacher I can confirm most examines would not be possible if there was no such thing as "just a question" . In fact your second sentence confirms this as you at first stated absolute "no such thing as "just a question"" then in your second sentence your stance is no longer absolute in that you qualify no such thing as "just a question" with "well in most cases"
john squire
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In Ireland the LL does not have any control..over sub letting the LL can report it to the managing agents, the RTB, or the Garda if the sub letter is believed to be using the apt for criminal actions, after making said reports the LL cannot take any other actions. However the RTB can force the Sub Letter out or give permission for the LL to evict the sub letter. Also the managing agents could force the sub letter out by way of saying he is refused entry to the building and taking away the keys he uses to break into the complex
dereko1969
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I think that reply says a lot more about you than about the issue.
Oh the irony of the lack of punctuation and spell checking.
Probably not. The issue of letting and sub-letting is largely a contractual matter between the Apartment Owner/Landlord, Management Company, tenant and sub-lessee. The contract in this instance is the Lease and any agreements between the Management Company and owners.
You would have to look at the precise terms of the Lease governing the title of the apartment. Where a Landlord lets, or lessee sub-lets, there would (usually) be provision in the Head Lease for the consent of the Management Company as a prerequisite to the letting. A lessee subletting is usually not allowed by the owner/landlord in standard leases of apartments.
Even where there is letting without consent of the Management Company, that consent cannot unreasonably be withheld by the superior landlord.
HOWEVER, all that said, it’s not really the job of the Management Company to actively police lettings and sub-lettings. The practical problem also arises as to how you physically prevent trespass. Guests on a premises are usually there on licence or permission and to allege trespass against anyone on site is fraught with difficulty (think defamation, legal actions etc).
Where an illegal sub-letting takes place, the Management Company has remedies under contract law and through the courts. The apartment owner who lets the apartment has remedies against an errant tenant under the RTB processes.
Irish law is weighed heavily in favour of tenants, so that is something to bear in mind before embarking on any processes.
And he said he is an English teacher.
I don’t think it’s as simple as this. Any enforcement of a RTB order, where the tenant ignores the Order, has to be done in the District Court. Then if the tenant continues to overhold, it’s over to the Sheriff to evict, afaik. (I had a similar situation myself and had cause to look into the legal situation a few years ago - it’s dispiriting as a Landlord to have to jump through so many hoops to get vacant possession).