Answering to your questions,
1. If GPOA is for sublet then it is illegal.
2. Sublet should have inside agreement ( to be proved ) .
Rent Agreement and subletting
Hi , In a rent agreement it is clearly mentioned that the tenant will not sublet part or whole property in any form. My question is as follows: 1 When such an agreement is in place can a tenant create a General POA without the landlords permission. 2 If he does will it amount to subletting. 3 Do you have any court examples for such cases. Regards, B
Asked 8 years ago in Civil Law
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9 Answers
1) tenant cannot sub let without landlord permission
2) POA can be executed by tenant to sub let premises without landlord permission
3) mere execution of POA does not amount to sub letting
4) it is when he gives premises to third party on rent it amounts to sub letting
1. No, because such a POA comes in direct conflict with the rent agreement which stipulates that the tenant will not sublet part or whole property in any form.
2. Even if the tenant executes a general POA, the POA holder cannot sublet part or whole property in any form.
3. Mere execution of POA will not amount to sub-letting.
Hi sir , if there is no clause of subletting in the rent agreement between you and the original tenant , he cannot transfer tenancy to third party .. You should file a suit for permanent injuction in court and obtain a stay order
The basic principle is that you can give only what you have in your absolute owner ship. in this case tanant have no right to sublet the tenancy which is only in his favour . the tenancy conditions does not allow him any subletting. the question of power of attorney does not arise if anything is done out of the way by lighting the conditions of Tenancy the landlord has rights to get the property vacated
1. The answer is NO.
2. If he creates third party rights and inducts a new tenant by executing a POA it will be a mere camouflage. In substance it will be subletting.
Dear Client,
For what purpose POA has been executed.
Any POA in relation to property executed by Tenant is illegal and violation of rent agreement, but Subletting can be ascertain only after reading of POA.
Hello,
Please take note of the fact that the tenant can not sub let the property without the permission of the landlord.
The possession can not be changed by the tenant in any way, neither through a POA not through any other medium.
Note, that in law a thing which can not be directly can also not be done indirectly.
Regards
1. Any such act by the tenant with intention to alienate or transfer the property to a third person is nothing but violation of agreement, contrary to the tenancy act and illegal.
2. It depends if really it was sublet.
3. The citations are not necessary for provision of law,m however you can get plenty of citations if you browse through internet.
