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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). 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. |
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