12. April 2021
At the time of the letter, the legislation was not yet appropriate to include AirBnB agreements in the Residential Tenancies Act. This means that landlords must ensure that their agreements are clear and that the consequences are clearly highlighted by their tenants so that they do not end in a longer dispute within VCAT. If you are allowed to sublet under your lease, you actually become the owner of the business that sublets your property. You must obtain your landlord`s approval before including a third party in a commercial sublease. In some situations, it may be better to terminate the lease than to assign or sublet it. When the tenant rents a room in an apartment building, it is very important that the agreement details which parts of the premises the tenant owns exclusively and which parts of the tenant shared. However, if the contract is valid for a fixed term of 60 days or less and the lessor has used the premises as the principal residence immediately prior to the tenant`s arrival and intends to return to the premises after the end of the contract, the contract cannot be a residential lease agreement. This rule only applies if the contract stipulates that the lessor lived there before the agreement and intends to live there again under the agreement. Unlike a rental agreement, a subtenant`s name may not be displayed in the lease. In a sublease, the principal tenant assumes full legal responsibility for a landlord. You cannot give in or sublet without the owner`s written consent.
However, the owner cannot respect his consent unreasonably. If this is the case, you can ask the court that the owner`s consent is not required. A lessor or broker cannot charge a fee for authorizing a transfer or sublease. They may, however, collect a tax for the preparation of a written assignment of a lease agreement. If you leave or sublet without consent, the owner can send you a 14-day notice to vacate and ask the court to evict you. If you receive a message from Vacate, ask us for advice. The standard form agreement not only provides room for parties to complete the relevant details, but also easily lists some of the conditions that must apply to all agreements under Victorian law. If a tenant is empty in a co-location and is replaced by another tenant, the manager or landlord must take out a tenant transfer.