Change of tenent

Posted by syed456 (45 days ago)

My freind sign the contract for 2 years ( June 2007 to June 2009), so till one more year to go to finish the contract

Now he wants to give to another freind without landlord knowledge so that his freind continue to enjoy the same rent and bypass the agent fee. Is there any Legal problem once the landlord comes to know and what legal action the landlord can take?

As long as one who take over the flat pay the rent properly without any delay, Should there be any legal issue? Moreover the landlord never visit the premises since he sign the contract. Actually they plan to say, in case the landlord visit the flat, the actual tenant still staying the same flat and one who take over the flat just sharing with him(actual tenant)

Regards
syed

(I am based in Hong Kong)

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Posted by gdbill (41 days ago)

Check your contract carefully. Most will have a clause that prohibits subletting the apartment unless permission is gained from the landlord. If you do have that clause and fail to get your landlord's permission prior to subletting the apartment, once the landlord finds out he can start the eviction process. Since the person living in the flat is not the legal tenant, the eviction process is much less of a hassle than if the original tenant is in possession of the unit.

(I am based in Guangzhou)