Planned Property Management Subletting And Assignment: Fill & Download for Free

You mean, like physically leaving an attachment to a property like a sign, awning, light fixture, kitchen hood, or something like that, to a property being listed?The real estate agent probably doesn’t care, but may have some expert advice and opinions about how that will affect the appeal of the premises, how to stage it, and consequently the price and ease of renting or selling the property. If the seller is uncooperative or the place is a dump it may be hard to find a good real estate agent to take the listing.It’s the building owner who would care, particularly if a tenant leaves behind fixtures and improvements – or much worse, has made unapproved modifications or leaves behind piles of junk. Most real estate leases require a tenant to return the property to the condition in which it was when first rented, but also assign any fixtures and improvements to the landlord at the end of the lease. This gives the landlord an option to leave valuable fixtures in place or remove them at the tenant’s expense. That in turn gives the landlord a lot of negotiating leverage, particularly if the tenant is subletting, assigning, or breaking the lease. A savvy tenant who is planning some improvements will negotiate this all upfront, so that when the landlord approves a particular alteration or installation, they also agree that the tenant does not have to remove it (or conversely, that the tenant is allowed to remove it).In practice, with residential, commercial, and office leases in the low to small business range (say $500 to $25,000 per month) I’ve found that most landlords in the U.S. will take back the property in whatever condition it is in. If it needs work like hauling, restoration, or doing maintenance and repair that was supposed to be the tenant responsibility, they’ll just go ahead and do it, take the difference out of the security deposit, and unless the place is completely trashed they will usually not pursue the tenant for amounts in excess of the deposit. Larger, professionally managed properties tend to be a little more firm about this.If the owner is the occupant, they really ought to take down stuff and make improvements that need to be done… as long as they’re cost effective in terms of facilitating the transaction. It’s hard? That’s what contractors are for. You can hire a small contractor, day laborer, handyman, tradesperson, whatever, to do most any building project.

First I would recommend that you be sure that you can legally sublet. Check your lease and ask your current manager. I recommend that you get written approval or an addendum to your lease to avoid any problems.You should decide what you are willing to put up with before you advertise. Can this person who will sublet have customers coming and going? Can they use your phone system or need their own. How will they get internet service? How will you bill them for these services. Are you going to assign parking for them and their customers? Will they pay part of the taxes and insurance if you have a triple net lease or part of the common area maintenance. Is there space for their customers to wait? Will you allow smoking or not. There are many other considerations but you get the picture. Once you decide on these issues and have a plan, you can advertise in the local paper for office space.When you get applicants, do a tenant screening. You should get a credit report, criminal report and verify identity. I use Smart Property Systems to manage my rentals. You can use it for commercial lease management too. The tenant screening is built into the software. If you sign up for this software, statements will be sent monthly to the tenant and you can also add charges as needed. The tenant can pay rent through the software and all of the accounting is done for you. I recommend that you use something like Smart Property Systems to make it easier to manage a sub tenant.If the applicant had a good tenant screening result, be sure to have a solid lease agreement for the tenant to sign. Now you are all set! Good luck.

Tenants’ rights and obligationsIntroductionRights as a private tenantObligations of a tenantHow to applyWhere to applyIntroductionYour main legal rights and responsibilities as a tenant derive from landlord and tenant law as well as from any lease or tenancy agreement between you and your landlord.The main legislation covering these rights and obligations is contained in the Landlord and Tenant Acts 1967 to 1994, the Residential Tenancies Act 2004 and the Residential Tenancies (Amendment) Act 2015.(However, if you are renting a room in your landlord's home you are not covered by landlord and tenant legislation, though you are covered if you rent a self-contained flat in your landlord’s home. Read more in our document on sharing accommodation with your landlord.)Leases or other tenancy agreements cannot take away from your rights under the legislation, but you and your landlord can agree on matters that are not dealt with in it.Recent changesThe Planning and Development (Housing) and Residential Tenancies Act 2016provides for several changes. However, not all of these provisions are yet in effect.The provisions that are now in effect include:Measures to prevent the simultaneous serving of termination notices on large numbers of residents in a single developmentIncreased security of tenure for tenancies created from 24 December 2016Designation of Rent Pressure Zones, in which rent increases will be capped - with effect from 24 December 2016Simplified procedures for dispute resolutionExtending the tenancy cycle for Part 4 tenancies from 4 years to 6 yearsRequiring a landlord to give a reason when terminating a Further Part 4 tenancy in the first 6 monthsThey also include restrictions on the sale of 10 or more rented units in a development (the “Tyrrelstown amendment”).The Residential Tenancies Board has detailed information on the changes that took effect from 24 December 2016 and 17 January 2017.Rights as a private tenantYou are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint.You are entitled to certain minimum standards of accommodationYou are entitled to a rent bookYou have the right to contact the landlord or their agent at any reasonable times. You are also entitled to have appropriate contact information (telephone numbers, email addresses, postal addresses, etc.)Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergencyYou are entitled to reimbursement for any repairs that you carry out that are the landlord's responsibilityYou are entitled to have visitors to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord if you have an extra person moving inYou are entitled to a certain amount of notice of the termination of your tenancyYou are entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalised for doing soYou have the right to a copy of any register entry held by the RTBdealing with your tenancyAll homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is. This will help you to make an informed choice when comparing properties to rent.Rights of housing association tenantsIf you are renting from a housing association, a co-operative or similar voluntary organisation (known as approved housing bodies or AHBs) your tenancy now comes under the residential tenancies legislation and you have most of the same rights that private tenants have. However, there are some differences:You may not assign or sublet the tenancyRent reviews will be carried out in accordance with the tenancy agreement (if there is one) or else no more than once a yearWhile most tenants of AHBs will get security of tenure – known as Part 4rights – after 6 months or more into the tenancy, this does not apply if you are living in transitional accommodation and the tenancy is for 18 months or lessThe landlord’s right to terminate a Part 4 tenancy for the reason that they require the dwelling for their own or family member occupation does not apply to AHB tenanciesThe minimum standards for food preparation, storage and laundry purposes do not apply to AHBs, so they do not have to provide their tenants with white goods, such as washing machinesSecurity of tenureIf you have been renting for at least 6 months and have not been served with a valid written notice of termination, in general you automatically acquire security of tenure and can stay in the property for a number of years.If your tenancy started on or before 24 December 2016, this period is 4 yearsIf your tenancy started after 24 December 2016, this period is 6 yearsThis security of tenure continues in 6-year (formerly 4-year) cycles.So, after the first 6 months, your tenancy becomes what is known as a Part 4 tenancy – this refers to Part 4 of the Residential Tenancies Act 2004, which deals with security of tenure. Read more in our document Private tenants: security of tenure.This right to remain is subject to certain rights that the landlord continues to have. The landlord may reclaim the property for a number of reasons – read more in our document If your landlord wants you to leave.Paying and reclaiming your depositYou will probably have to pay a security deposit when you agree to rent the property. The landlord holds this deposit as security to cover any rent arrears, bills owing or damage beyond normal wear and tear at the end of the tenancy. There are no rules about the amount of the deposit, but it is usually equal to one month’s rent.Threshold provides useful tips on what to bear in mind before you pay a deposit, including a guide to avoiding scams (pdf). Your landlord must provide you with an inventory of the contents of the property. It is advisable to record the condition of everything that is listed, taking photos if possible, and agree this in writing with your landlord.In general, when you leave a property at the end of the agreed rental period or after giving the agreed notice, the landlord must return your security deposit, promptly and in full. Read Threshold’s advice on getting your deposit back.However, if you leave before the end of the agreed period, the landlord may keep your deposit, even if you have given notice. (You may also be liable for the amount of rent due until the end of the lease, depending on what is stated in the lease agreement.)The landlord may keep part or all of the deposit in the following situations:Rent arrearsUnpaid billsDamage above normal wear and tearIf you have not given adequate noticeThe landlord may not hold your possessions against money that you owe, but he can apply to the RTB if he feels that your deposit does not cover rent arrears or the cost of damage to the property.The Residential Tenancies (Amendment) Act 2015 provides for a new tenancy deposit protection scheme. These provisions are not yet in effect.Obligations of a tenantYou must:Pay your rent on timePay any other charges that are specified in the letting agreement, for example, waste collection charges; utility bills; management fees to the management company in an apartment complex – see ‘Other charges and payments’ belowKeep the property in good orderInform the landlord if repairs are needed and give the landlord access to the property to carry out repairsGive the landlord access (by appointment) for routine inspectionsInform the landlord of who is living in the propertyAvoid causing damage or nuisanceMake sure that you do not cause the landlord to be in breach of the lawComply with any special terms in your tenancy agreement, oral or writtenGive the landlord the information required to register with the RTB and sign the registration form when asked to do soGive the landlord proper notice when you are ending the tenancyYou should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.Other charges and paymentsThe owner (your landlord) is responsible for paying the Local Property Tax to the Revenue Commissioners. There may be an agreement that you will pay this amount, but your liability will be to the landlord and not to Revenue.Whether or not you have to pay for services such as heating, electricity, gas or TV connections depends on the terms of your letting agreement. In practice, if you are renting a house, you are likely to be liable for all these charges.Multi-unit developmentsIn some multi-unit developments, such as apartment complexes, the heating may be operated centrally and you may not have to pay separately for it. In some complexes, cable TV may be supplied. In most complexes, bin collection is organised by the management companyand you may not have to pay charges for this.There are annual charges in multi-unit developments to pay for the maintenance, insurance and repair of common areas; for the provision of common services to unit owners; and to contribute to a sinking fund for non-routine refurbishment and maintenance expenses. Your landlord may pass these charges on to you if this is agreed, but if they are not paid, the owners’ management company may pursue the owner (the landlord) for them.Private tenancies and receivershipIf your landlord’s mortgage is in arrears and the mortgage lender has appointed a receiver, you must pay the rent to the receiver, but it is the landlord who remains legally responsible for matters such as returning your deposits. The receiver may arrange for repairs to be carried out, but it is unclear whether the receiver is required to do this or whether the receiver takes on any of the responsibilities of a landlord.Read more in Banking and Payments Federation Ireland’s Residential Tenant’s Guide to Receivership and in Threshold’s tips for tenants when a property is in receivership (pdf).Tax issuesIf your landlord lives outside the State, you must deduct tax for the rent and account for it to the Revenue Commissioners.If you pay income tax and you were already renting on 7 December 2010, you may be eligible for some tax relief on the rent. This tax relief is being phased out.Read more about these issues in our document on tax issues for tenants.