2 ms·
> 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
by 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.