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Do you any information about tenants that sublet a unit,

Customer Question
Do you any information...

Do you any information about tenants that sublet a unit

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Through Airbnb

Lawyer's Assistant: Has anything been filed or reported?

Yes to the realestate ,we took screen shots and to realestate and airbnb

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is saying they are friends to the realestate atm

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/2/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,323
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 6 months ago

if the head lease does not provide the permission to sublet, then a breach notice may be issued to the tenant.

are you a landlord or tenant ?

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Customer reply replied 6 months ago
Landlord.
Has signed as a sole occupant
Have told the realestate with screen shot proof of Airbnb listing and booking dates.
Tenant has since taken done listing on Airbnb
Have spoken to Airbnb to investigate.My question is why hasn't the realestate sent a breach notice with the proof we have given?
Customer reply replied 6 months ago
Just won't to know where www stand with this situation
Solicitor: John Melis, Lawyer replied 6 months ago

this will be subject to the authority you have extended to agent by the authority form you have signed.

if you have signed a complete agency authority for all management aspects of the property, you can raise a claim against the agent for breach of duty of care.

you can cancel the authority from the agent and any damage to your property you can pursue against the agent and tenant jointly.

I recommend that you check the insurance on the property too, just in case it does not cover subletting by a tenant.

have I answered your important question today ?

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Customer reply replied 6 months ago
How do I start this process with the realestate please
Solicitor: John Melis, Lawyer replied 6 months ago

there are two ways to go

issue a formal complaint letter raising a breach of their duties

or terminating their authority subject to the document you have signed with them

I have extended a special offer to talk on the phone if you prefer ?

Have I answered your questions today ?

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Customer reply replied 6 months ago
It popped up and went away sorry
Solicitor: John Melis, Lawyer replied 6 months ago

ok

I send you another offer

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Customer reply replied 6 months ago
can I have it written sorry for feed back and correspondence
Solicitor: John Melis, Lawyer replied 6 months ago

we can keep chatting in this forum if you prefer

or you can choose to accept the telephone offer that is presented.

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Customer reply replied 6 months ago
Keep chatting here.
So they are the above steps.
I'm in Queensland is this the same law everywhere.
Customer reply replied 6 months ago
How do I cancel the authority for the lease and realestate contract
Customer reply replied 6 months ago
Can we on proof we have to do that?
Solicitor: John Melis, Lawyer replied 6 months ago

yes its the same process.

you need to issue a cancellation letter under the authority you signed.

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Customer reply replied 6 months ago
Ok. Even though his lease hasn't run up yet?
Solicitor: John Melis, Lawyer replied 6 months ago

yes that is correct as there has been a breach under the lease .

you have a right to protect yourself.

Have I answered your question today?

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Customer reply replied 6 months ago
right thank you
Solicitor: John Melis, Lawyer replied 6 months ago

you are welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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