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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A tenant of mine plans to charge tourists to use one

Customer Question

A tenant of mine plans to charge tourists to use one bedroom. Sub-letting is against the contract. Can he do that legally?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: State? I am in central Auckland, New Zealand.
JA: Has anything been filed or reported?
Customer: Not yet, I found out indirectly
JA: Anything else you want the lawyer to know before I connect you?
Customer: What do you charge?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: How much more?
Submitted: 1 month ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 month ago.

If his tenancy agreement says he cannot sublet, then this would be a breach of his tenancy agreement, and potentially something which could cause his landlord to cancel the agreement and evict him. If he thinks the landlord will consent, then he could ask the landlord. It is not illegal as in the sense of being a criminal offence, but it is a breach of his tenancy agreement

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