Mirror of Justice - All about Law and More
*Home>>>Landlord and Tenants

Are written agreements binding between the tenant and subleaser if the landlord was not notified?


My friend moved in a year and a half ago and I did not tell my property management for her benefit. I knew she would not be approved thru the rental application nor could she be able to pay first and last months rent. We had a falling out and I sent her a thirty day notice via certified mail. She never picked up the notice from the post office because she was not home when they delivered it and left a notice for her. She agreed thru emails to have her half of the rent by the 5th of the month. I returned home from my visit back home in Kansas to find no money. I contacted her via phone and email and she repeatedly agreed to pay her half. Now she is refusing, claiming she moved out on the 4th but she still has belongings in the house. I feel the only way I will be able to get my money is by taking her to small claims court. Do I have a chance? I have all the emails saved where she agreed to pay, will this hold up in court even though I did not receive consent from my landlord??

I know my landlord must be notified if I choose to have someone move in. My lease went to a month to month after a year.

You may want to make sure that your landlord's lease agreement allows subleasing. Usually there is a clause in there addressing it (from my experiences).

I would talk to my landlord about it first. You could bring it up as a hypothetical. "If I were to sublease my apartment..."

Other than that, if you guys had a written agreement, then I would go after her to collect your money. Or you can consult a lawyer. That would be your best bet.

She owes you the money. You would win the court case. The landlord could decide later that you violated the lease terms and break your lease with him.

Tags
  Military Law   Medical Malpractice   Mediation   Legal Malpractice   Legal Ethics   Landlord and Tenants   Labor Law   Juvenile Law   Investment Law   Intellectual Property   Insurance Law   Immigration Law
Related information
  • Can my landlord evict me for my autistic son making noise?

    You probably signed a lease and the lease rules. Look at it and see if he can act for cause. If he can, pack your bags.

    ...
  • Landlord says i will be responsible for legal fees.......

    Is the clause "lessee will be responsible for legal fees" under a section entitle non-payment of rent/eviction process? If so, this is pretty common language. Since you have a new lan...

  • What should I do with the landlord (ex) not trying to return security deposit to me?

    Take him to small claims court. With you records, and documents you should be able to get your $$$ back.

    ...
  • Can you sue someone's landlord due to what his tenant did you to?

    The behavior you're describing is harrassment on the part of the tenants. If you're not getting good results by contacting the police, they probably don't understand the seriousne...

  • Litigation against landlord?

    Man I'll tell you what to do and there ain't a darn thing that she can do about it . The next time you know that someone is coming to inspect the house answer the door with a bath towel...

  • Rent Ceiling? Harmful To Tenants?

    Renting housing is a business like any other. Either you make money or you lose money. People who lose money don't stay in business for very long. The owner of the property has to keep cost...

  • I am renting a room in NJ. What are my rights as far as paying utilities and cable?

    It all depends on what your lease agreement states. In your agreement (contract), it should state if utilities are included in your rent. If it does NOT mention that utilities are included, you a...

  • Is it against city law, state law to have a vehicle dripping oil on a apartment complex parking space?

    It's against US Federal law, specifically the Clean Water Act. Motor oil soften asphalt, leaving it vulnerable to physical weathering and chemical erosion. It doesn't significantly af...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster