I would love to wish everyone a happy new month and I hope you all had a funfilled weekend and are still enjoying the Sallah holiday season particularly our Muslim brothers and sisters who have the financial muscle and are buoyant enough to visit Saudi Arabia to observe and participate in the yearly pilgrimage. I wish you all a blissful, wonderful and memorable Sallah holiday season, Barka de Sallah!
Without wasting your precious time, I would love to just dive into the discussion on Effect Of Unlawful Subleasing, Assigning and Illusory Of Lease On Investment Property right away because we have already used two weeks on this, discussing subleasing of apartment and we glimpsed at assigning and illusory of lease a little and I don’t see myself extending this topical issue another week.
Let’s us move on and progress to the next of these lease concepts, Assigning of Lease. This can be described as a way of permanently transferring all or the entire Prime occupier’s legal interest on the leased apartment to another person.
I must say that Assigning of lease and its process is a bit more complex and complicated compared to Subleasing of a leased apartment and as a result the right to assign a lease is much more restricted and any occupier or prime occupier as the case may be, who unlawfully assign his or her lease to someone else stand to be evicted from the apartment.
However, the process of assigning a lease also requires the express permission and written consent of the homeowner prior to commencement of the lease assigning process just as we have in subleasing of apartment.
Hence, If the homeowner lawfully and reasonably denies and refuses to consent to the lease assigning request of the occupier and can justify his or her actions or reasons for refusal then the prime occupier can not assign the apartment to anyone, must not go on with the assigning of lease process and of course not entitle to be released from the lease.
But if it can be prooved that the homeowner preposterously refuses to consent to the occupier’s assigning of lease request and can not reasonably justify his or her reasons for the decision to deny the occupier then the occupier may be released from the original lease in thirty days from the date the assigning request was given to the homeowner.
As I have stated earlier in the previous series on this topic that subleasing, assigning and illusory of leased apartment are legal and it is legitimate for any occupier to use and apply any of these concepts, if only it can be done with the consent of the homeowner and of course in confines of the tenancy law, even if the homeowner or property owner frowns at it.
The last of these concepts I would love to discuss with you is the illusory of lease to another person. The concept of illusory of lease may be new to many people particularly in this part of the world and it could be described as when an occupier or a prime occupier as the case may be, secures an apartment either from the property owner or the representative and also has an a lease contract agreement with the property owner.
However if the occupier, who secured the apartment and whose name is on the lease contract agreement did not physically take possession or move into the apartment to occupy or use the apartment as his or her primary residence constitute illusory of lease just as we have in the story I shared in part two of this series where someone secured an apartment and another unknown person moved into apartment.
This situation in lease is known as illusory of lease or illusory prime tenancy because the prime occupier has failed in his or her legal duties, responsibilities and obligations as the legitimate occupier of the apartment to maintain the apartment as his or primary residence. They only secure the apartment and never move into the leased apartment to physically take possession.
If you ask me, the proclivity of the occupiers to establish a clandestine sublease, assign and illusory of lease arrangement with another person whom they most times introduce to the property owner as friends, colleagues, relations and family in order to cheat or live on the property owner’s investment often times is responsible for refusal and denial of consent to such arrangement or request.
Many sleazy occupiers, who see themselves as clever clogs one way or the other use their one-upmanship to find a way to circumvent the tenancy law selfishly to their benefit and advantage while the homeowners are left to bear the brunt of the aftermath of their dishonest act.
Apparently if subleasing, assigning and illusory of lease arrangement, agreement or contract is not objectively done or properly conducted and it is hastily and effusively carried out based on emotion then there is a looming problem ahead not only for the prime occupier, the mastermind of the secret arrangement but also for the suboccupier and the property owner.
It might interest you to know that, from experience many of these secret arrangements or contracts end up in the open air which most times create confusing and embarrassing situation for both the prime occupier and the suboccupier even their loved ones living in the same building with them.
I presume that, if the homeowner has tolerated the occupier and got fed up with the occupier’s codswallop which most times is rudely exhibited due to poor sublease arrangements with the suboccupier, which might also affect or cause delay in payment of rent, the homeowner may seek or ask a court to either order the occupier to pay owed rent or be evicted for unlawful sublease, assign or illusory of lease.
I must emphasize that a properly executed or conscientiously applied and implemented sublease, assigning or illusory of lease creates a healthy investment for the property owner and it also gives all the parties involved peace of mind as well as help improve the homeowner-occupier relationship based on the level of trust in which all the parties deal with one another.
This will go a long way to show that all the parties to the arrangement respect and cherish the relationship they have with one another which in turn will encourage a peaceful and smooth co-existence among all parties involved.
In other words, any lease sublease, assign or illusory without addressing some of the most important factors that could make the arrangement go South such as rent, utility bills payment arrangement which to me have a very strong effect on the sublease if not properly dealt with and of course could corrode the property owner’s investment plans, strategies and goals.
My advice to occupiers or prime occupiers as the case may be, is to be wise and sensible enough to qualify their suboccupier just like how they were screened, selected and qualified prior to securing and moving into the apartment. They must also ensure that the process or arrangement is not based on emotion as I mentioned earlier rather the decision to sublease, assign or illusory of lease must be objectively carried out.
If any of these arrangements and processes are well thought out and objectively carried out then all the parties can easily avoid the unexpected and unwanted problems and circumstances that should not only cause the prime occupier and the suboccupier embarrassing situation but will also destroy the homeowner’s investment plans.
To successfully carry out these lease arrangements or concepts, all the responsibility and obligations of the suboccupier must be spelt out prior to signing the sublease or assign of lease contract agreement. The process must be done with the consent of the property owner and it must be mutually accepted and agreed upon by all the parties involved to ensure a successful arrangement as well as protect the investment of the homeowner during the period covered in the agreement.
Unfortunately, many see this as a guff or a hogwash ideas and they disregard all the legitimate processes and the complex but necessary contentious vicissitudes of property leasing in homeowner-occupier relationship for successful lease out of their leased apartment to a suboccupier.
This best explicates why most occupiers focus more on what is in the secret sublease or assign arrangement for them and not the problems their dishonest act and actions might create for the homeowner and the suboccupier when they secretly sublet or assign their leased apartment.
It is amazingly strange and unusual that some occupiers go to an extent of bringing in relations, colleagues, family friends and what have you to stay with them on the pretext that he or she has subleased or assigned the apartment to them as suboccupier thereby lying to the property owner that the apartment has been assigned or subleased to a suboccupier, whom actually is a relation or family friends in order to retain an apartment they like.
If you ask me, I have heard of and have seen cases where an occupier would ignorantly and greedily call and introduce a total stranger as his brother, cousin, relation or family friend to the property owner just to secretly enjoy a sublease or assign arrangement but I find it difficult to fathom a situation where an occupier would now call a relation, brother, sister or family members as a stranger or a suboccupier, relations who could ordinarily enjoy the right to succession for living in the same apartment with the occupier for a specified period.
This otiose act of dishonesty and lack of integrity is responsible for why some occupiers deliberately ignore the screening and selection process of the suboccupiers, this enables them to unlawfully sublease or assign their leased apartment and also collect monthly rent payment from the suboccupier but will never make any attempt to remit rent payment to the homeowner.
And the fact that the homeowner is not aware of the relationship between the occupants in the apartment makes it difficult to comprehend exactly what his or her situation is and as a result the prime occupier may live on the homeowner’s investment for months or years or for how long the secret can be kept between the occupier and the suboccupier just like what happened in the first story I shared with you in part 1 of this series.
I want to reiterate that not many homeowners can live or ignore unreasonable occupier’s foibles and occupiers and suboccupiers must also suss that no matter how long they tried to or succeeded in covering the secret sublease or assign of lease arrangement from the property owner, obviously they can not stop the ineluctable cues or signs and of course the events that would be occurring as a result of the domino-effect of their dishonest act.
Besides there is always this noticeable sudden change in attitude dishonest people exhibit for no obvious reasons which may get smart people or homeowners thinking and in the process suspect a foul play on his investment property.
I really don’t know why many occupiers disregard and abuse the creativity and opportunities in subleasing or assigning of lease that could be used and applied by occupiers to ease off their economic hardship especially if they find it difficult to pay the full rent for their apartment. It allows them to bring someone else on board to share or help split the rent and at the same time make some money in the process at a regulated rate to the original rent for Subleasing or Assigning their apartment as it is done in developed countries of the world.
Interestingly Subleasing and Assigning of leased apartment indirectly also helps homeowners reduce the vacancy rate of the apartment if properly carried out because before the expiration of an existing lease there someone waiting in the apartment to take up the apartment without having to rehab, repair, carry out maintenance work, present the apartment for marketing and advertising for a new occupier to lease when vacated.
This leasing concepts amazingly helps in cutting costs and reducing leasing expenses, it also assist occupiers in adjusting their financial commitments to fit into the current economic realities as well as legally make some money in the arrangement or process as I have stated earlier.
It is disheartening and sad to know that today, many occupiers set out to sabotage the efforts of investors and home owners in order to corrode their property investment plan which often times turn investment assets into liabilities and funny enough these implacable foes of progress go about the sublease and assign arrangements the wrong way for the wrong reasons and they end up subjecting themselves, their relations and family to emotional pains which most times ruin their relationship with their loved ones.
Finally its time to say goodbye and to drop the curtain on this topic and am sure we have at least understood these concepts of Subleasing, Assigning and Illusory Of Lease which I think better and appropriate to lawfully apply by occupiers when the need arises.
Best of Luck!
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