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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Mon Jul 14th, 2008 12:19 pm |
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Unfortunately, a sublease means you are still the primary person on the lease, but that the LL has agreed to allow someone else to live there. It does not relieve you of any obligations uner the lease. (Unlike having the LL sign a new lease with the new tenant, which would relieve you of obligations- a much better option.) When you sublease, since you are still the responsible party, you are to collect the rent from the tenant and submit it to the LL. Thus ensuring that the tenant has paid the rent. You didn't do this, and the tenant failed to pay the rent, leaving you holding the bag. You do owe the rent to the LL.
As Laura asked, was this tenant screened by you and the LL? No doubt the LL was trying to collect from the tenant, but could not. It will be your responsibility to find this person and get your money from him. Sorry, but that is why I always advise against subleasing.
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LandlordLaura
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Posted: Thu Jul 10th, 2008 08:34 pm |
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I would suggest that you speak with an EXPERIENCED Landlord Tenant Attorney for direct advice in your situation. Did the Landlord legally accept the sub-leasing Tenant? Did your Lease and/or the Landlord Tenant Laws require written pre-approval from your Landlord before sub-leasing the property? You mentioned that there is 3 months of rent owed. Why were not immediately informed by the Landlord that the sub-leasing Tenant had not paid rent as of the first day it was late? Didn't the Landlord ask for payment from you as soon as the non-paying Tenant's rent became past due? Did you or the Landlord locate and qualify the sub-leasing Tenant? Did you or the Landlord take the application and run the credit check and verifications on the sub-leasing Tenant? Was a security deposit taken when that Tenant moved into the property? All "specifics", ie. documents and actions, will be very important to your case and will have to be reviewed by an Attorney.
Good luck. Let us know what you find out...
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MB9888
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| Joined: | Thu Jul 10th, 2008 |
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Posted: Thu Jul 10th, 2008 08:07 pm |
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| I subleased my apartment back in December and now I get a call from my landlord saying that the man who subleased my apartment has not been paying rent for the past 3 months and now I am responsible for the money due. I went to the property and he has already moved out and will not answer his phone or return my messages. When he moved into my apartment, I had him fill out a subleasing form. So, I don't feel that I should be responsible for the money and all he has to do is not pay rent and move out and he gets out of the deal free. I know he left the city but I don't know where he moved to and don't know what to do to get the money for the last 3 months of rent he did not pay since he just left town without letting me or my landlord know. What can I do?
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