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Category: Australia Law
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My name is ***** *****. I sublet my lock up garage without

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Customer: My name is ***** *****. I sublet my lock up garage without my landlord's permisson to a man and failed to give him notice 90 days prior to vacate the garage. It does state on the lease agreement that the lock up garage term lease is till 24th of january. I have already secured another place and will be moved out of my current place on 25th of january. As I only notified the man I leased my lock up garage to at the start of january, he is telling me he will not move till april 26th. What can i do and how should I handle the matter?
JA: Thanks. Can you give me any more details about your issue?
Customer: He pays me $160 per month for storage uses for the lock up garage. I did this without my landlord's permission. He is not willing to give me any options. HE stated he will not move until april 26th however my lease with my landlord ends on the 25th of january
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Submitted: 1 year ago.
Category: Australia Law
Expert:  aminlawfirm replied 1 year ago.

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1. What state are you located in?

2. Have you talked to your LL about this; if so, what does he/she say?

Customer: replied 1 year ago.
NSW and no I haven't talked to my landlord yet. I am leasing it from a real estate agent though.
Expert:  aminlawfirm replied 1 year ago.

Looks like this question was supposed to be in the Australian law category.....I will opt out as it has somehow been sent to USA experts...

Expert:  christhelawyer replied 1 year ago.

The tenant seems to be referring to the standard period of 90 days under the Residential Tenancies Act. However the definition section says "residential premises means any premises used or intended for occupation by any person as a place of residence". I doubt he is living there, so the act does not apply and the notice period would be under the Property law Act, which applies to all leases other than residential tenancies. The act says "

215 Sublease for same or longer term as term of superior lease

(1)This section applies to a sublease under a lease (the superior lease) if the sublease is entered into, or purportedly entered into,—

(a)by a lessee under the superior lease; and

(b)for a term that will expire at the same time as, or later than, the time at which the term of the superior lease expires.

(2)A sublease to which this section applies does not, unless a contrary intention appears, operate as an assignment of the superior lease to the sublessee.

(3)If the term of a sublease to which this section applies will expire later than the expiry of the term of the superior lease,—(a)

the term of the sublease is reduced and will expire at the same time as the term of the superior lease; and

(b)the sublease cannot be registered under the Land Transfer Act 1952 but is to be treated for all purposes as creating an equitable estate in the land."

Expert:  christhelawyer replied 1 year ago.

If the lease is paid weekly then notice is also weekly if you want to terminate. In addition, you cannot give a lease which extends beyond your own tenancy. So he will have to move his property out. Your landlord may require you to have him evicted but certainly 90 days does not apply to this.

Customer: replied 1 year ago.
He pays the rent monthly, does that change things? I have attached a copy of the lease agreement I signed with him, I blacked out the personal details. And sorry does this apply to NSW law? Because when I got the email you answered it said New Zealand law.
Expert:  christhelawyer replied 1 year ago.

Yes, this is New Zealand law, we may need to transfer if you are in NSW

Expert:  christhelawyer replied 1 year ago.

But I see it does say 90 days in the lease

Customer: replied 1 year ago.
But i no longer will be a tenant at the property after 25th of january. What will happen then? I didnt get my landlord's permission to rent out the lock up garage at the apartment I rent.
Expert:  christhelawyer replied 1 year ago.

You will need to explain this to the landlord. Your lease would normally have a prohibition against subletting without his consent. But the lease does say it ends on 24 January. Why does this person say you need to give notice when the lease ends then anyway? If you don't extend it, he has to go then.

Customer: replied 1 year ago.
Would it be better to transfer me to a nsw specialised lawyer? Just so I can get the right information? I do thank you though for your help.
Expert:  christhelawyer replied 1 year ago.

I will arrange that