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If the rent is received on time and the property is returned in the condition it was received, exactly what "unexpected costs" are there to the landlord? If th

by imgabe 11y ago

If the rent is received on time and the property is returned in the condition it was received, exactly what "unexpected costs" are there to the landlord? If there are actual costs in the form of damage that actually does occur (violating #2), then the landlord has ample grounds to pursue the tenant to recover those costs. People don't get compensated for things that might have happened.

dragonwriter 11y ago
> If the rent is received on time and the property is returned in the condition it was received, exactly what "unexpected costs" are there to the landlord? Liability to the government or an injured third-party for events occurring on the property for which liability exists for the landlord and not exclusively the tenant-in-possession; this can exist with no damage to the property. Further, again, given that the landlord would no doubt charge more for giving the tenant greater discretion to choose what risks to take on behalf of the landlord (even when considering damage to the property alone), breach of contract to take greater risk than is allowed in the contract is a harm to the landlord, because it denies the landlord the opportunity to choose to rent to a different party who would pay for the privilege that the usurping tenant is taking without paying for it. This is a harm that actually happens, not a thing that might have happened.
- imgabe 11y ago
  > breach of contract to take greater risk than is allowed in the contract is a harm to the landlord, because it denies the landlord the opportunity to choose to rent to a different party who would pay for the privilege that the usurping tenant is taking without paying for it. I don't see how it's the tenant's duty to inform the landlord about the most profitable way to rent out their property. If the landlord wants the opportunity to rent to a different party for a higher amount with more risk, they should go find a different party and make that offer. Ultimately it's up to the landlord to enforce the terms of the lease. If they aren't going to do it, then they're going to get taken advantage of. If a tenant stops paying rent and you don't evict them, don't complain about not getting your rent. You have a legal remedy available to fix the situation. If you don't want your property on AirBnB, check AirBnB and make sure it's not there. If landlords started doing that and breaking these leases within the first month or two, this would quickly become unprofitable. They have all the power in this situation. If the terms of the contract don't sufficiently compensate you when a tenant breaks the lease, change them so that they do. I'm sure plenty of landlords have a story about how they got burned by a poorly worded lease. The smart ones learn from their mistakes and move on.

by imgabe 11y ago

dragonwriter 11y ago

> If the rent is received on time and the property is returned in the condition it was received, exactly what "unexpected costs" are there to the landlord? Liability to the government or an injured third-party for events occurring on the property for which liability exists for the landlord and not exclusively the tenant-in-possession; this can exist with no damage to the property. Further, again, given that the landlord would no doubt charge more for giving the tenant greater discretion to choose what risks to take on behalf of the landlord (even when considering damage to the property alone), breach of contract to take greater risk than is allowed in the contract is a harm to the landlord, because it denies the landlord the opportunity to choose to rent to a different party who would pay for the privilege that the usurping tenant is taking without paying for it. This is a harm that actually happens, not a thing that might have happened.

imgabe 11y ago
> breach of contract to take greater risk than is allowed in the contract is a harm to the landlord, because it denies the landlord the opportunity to choose to rent to a different party who would pay for the privilege that the usurping tenant is taking without paying for it. I don't see how it's the tenant's duty to inform the landlord about the most profitable way to rent out their property. If the landlord wants the opportunity to rent to a different party for a higher amount with more risk, they should go find a different party and make that offer. Ultimately it's up to the landlord to enforce the terms of the lease. If they aren't going to do it, then they're going to get taken advantage of. If a tenant stops paying rent and you don't evict them, don't complain about not getting your rent. You have a legal remedy available to fix the situation. If you don't want your property on AirBnB, check AirBnB and make sure it's not there. If landlords started doing that and breaking these leases within the first month or two, this would quickly become unprofitable. They have all the power in this situation. If the terms of the contract don't sufficiently compensate you when a tenant breaks the lease, change them so that they do. I'm sure plenty of landlords have a story about how they got burned by a poorly worded lease. The smart ones learn from their mistakes and move on.