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What if a sub-letter leaves before the lease ends?

Posted by admin - 28/07/10 at 02:07:58 pm

We subletted a place to somebody for the summer and both parties agreed he’d stay there for two months. He signed a contract (that is not backed legally, however). Out of nowhere he said he’ll leave before the first month ends. What do we do? Is he still responsible for paying the second month’s rent?

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1. If the sublet was illegal, the contract is illegal and unenforceable.

   YOU ARE RESPONSIBLE FOR THE RENT.

   Comment by Pat — July 28, 2010 #

2. I don’t know what you mean that the contract is “not backed legally”. If you both made an agreement and he signed it, it’s a contract.

   A sublettor is not responsible to the landlord, the original tenant is. But if the original tenant and the sublettor made an agreement for a certain period of time, and there’s no clause in the agreement allowing for the sublet to end early with notice, then the original tenant could sue the sublettor for renegging on the agreement.

   Comment by GreenIYD — July 28, 2010 #

3. I do not know what you mean when you say that you have a signed contract but it is not backed legally.

   Do you mean that your lease states that you cannot sublet? I think that must be it. If that is true then you cannot legally sublet the place and you will not be able to take the subletter to small claims for payment of the second month if it remains unpaid.

   I would still show the contract to the party you sublet to, and provide him with a statement for the balance due for the second month. At least try to get it paid, per your agreement, and remind him of the written contract that you have.

   Comment by vicki b — July 28, 2010 #

1. Read more solution online

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