Legal Question in Landlord & Tenant Law in New Jersey
Earning income from property I'm renting from someone else.
I was recently contacted by a film location scout, who said he might like to use the interior and exterior of the one-family house I'm renting as a set in a feature film. If this house is chosen by the director, he would pay me a sizable daily fee to vacate the house for up to a week and to allow access to his crew (this is a Disney production, so we're talking about several thousand dollars).
I have a good relationship with my landlord (the owners of this house) and would certainly not attempt to hide the fact that I am doing this if the house is chosen.
As I am not the owner of this house, am I legally allowed to earn money in a deal of this type? The lease says I can't sublet, but is this the same thing?
Am I required to turn over all or part of any income I receive to the owners? How much?
How can I protect the owners against any potential liability if someone gets injured on the property while filming?
Is there case law I can show to my landlord (and their legal advisors) in case the house is chosen and I need to show them why what I'm doing is legal if, in fact, it is?
Many, many thanks.
1 Answer from Attorneys
Re: Earning income from property I'm renting from someone else.
I would really need to see your lease to give you a proper answer.
I do have few general observations which may be helpful. I do not think your situation is a sublet. Unless there is a prohibition against temporary guests, or a situation like you describe, I think you could probably do it. The landlord is getting his income from the house by your rental. If you could make a buck by having someone else stay there for a week, I don't think you would be required to pay the landlord. However, I do not think you could do this on a consistent basis, as that would probably be outside the scope of residential use that you contacted for. Obviously, you cannot damage the landlord's property or disturb the neighborhood. In order to protect the landlord and yourself, you should have Disney purchase insurance and make them agree to indemnify you and the landlord for any damages.
If you want caselaw or authority, that is beyond the scope of a free consultation. I also re-emphasize that I did not have the benefit of reviewing your lease, so my analysis is subject to any contrary provisions. Finally, I recommend that you have an attorney review any contract you enter into with Disney. I would welcome the opportunity to be of service to you.
Regards.
Jeff Weinstein
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