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Re: unwanted "subletter"

Posted by DK on August 19, 1999 at 20:52:51:

In Reply to: unwanted posted by m. on August 18, 1999 at 14:48:14:

I don't think it's appropriate for everyone to be so judgmental without knowing all of the facts.
The law itself is designed to work out problems like these with a fair result. (which is why you'll probably lose if you try to take back the apartment.)

1. What was your agreement with your subtenant? If you made a verbal agreement to let
the subtenant stay in the apartment for less than one year, that's the deal and a judge
will enforce it.

2. You should be concerned about not only your fate, but also your roommate's fate if you
breached your lease by subletting or assigning without your landlord's permission. I don't
agree that these are non-curable. If a judge determines you broke your lease by the sublet,
the judge should allow you to cure if that's possible. That may not be possible if you have a
subtenant who has the right to stay until the end of the lease.

3. If you did not agree to sublet for a specific term, or to let the "subtenant" stay until
the end of the lease, then your "subtenant" could be (in order of liklihood): (a) a month-to
month tenant, or (b) a "roommate" licensee or (c) a tenant for an indeterminate term. Which legal pigeonhole
applies depends on a number of subtle technical issues and each has a different set of rules.

Bottom line: Honor whatever commitments you made to the new "subtenant." It's unlikely
a judge would rule otherwise. If the prime landlord (that's the one to whom you pay the rent)
finds out about the current situation and tries to evict all of you, then you all have a
strong interest to try to work this out.

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