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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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What are my rights as to how to handle a tenant that I'm

Customer Question

What are my rights as to how to handle a tenant that I'm subletting to that is pushing her way to renew the lease 50/50 with the landlord and refuses to leave unless I lower her rent?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Is your lease with the LL about to expire? Has the subtenant entered into direct negotiation with your LL?

Customer: replied 11 months ago.
I'm subletting a studio to a woman who is trying to take over the leases which is up for renewal at the end of this month.The landlord agreed that she should on the lease but I don't and she wants to pay less and have me more more.I need to know how to keep her out of the lease renewal and kick her out legally.
Expert:  Loren replied 11 months ago.

Thank you for the additional information.

Customer: replied 11 months ago.
I inherited the skin care studio when my mom passed away from cancer in Dec.2015.She advised me to be very careful because this woman is very sneaky so the landlord asked if I would meet him separately and handle the situation with her myself but I'm not sure on how to do it legally.I just want her to either stay and pay what she's been paying or leave.How do I go about doing either of the two choices.I would like advice on how to go about letting her know that I'm the boss.Should I write her a letting?
Customer: replied 11 months ago.
Expert:  Loren replied 11 months ago.

Assuming there are no renewal options for you to exercise in your lease with the landlord, there is not much you can do to stop the landlord from negotiating with whomever he chooses in deciding who leases the studio.

The landlord is in the enviable position of having a bidding war for the space and will, presumably, seek to lease the premises to the highest paying tenant he can get.

That means that the best way to retain the lease is to offer the higher rent.

If you get the lease and the subtenant will not pay what you want then you can evict them if they refuse to leave. You should let her know that.

Expert:  Loren replied 11 months ago.

You are in the driver's seat and yes, write her a letter explaining that she is doing neither of you a favor in setting up a bidding war with the LL.

Expert:  Loren replied 11 months ago.

Are you still online with me?

Customer: replied 11 months ago.
Can I call and ask the question over the phone and have you write the answer on this site
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Loren replied 11 months ago.

Are you still online with me?

Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

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