Can I serve letter of termination to a subtenant who’s not paying their rent?

My roommate and I signed a 1 year sublease; I’m the primary tenant. He hasn’t been paying for almost 3 month now. With my income I won’t be able to continue covering all the expenses all by myself. I found a program on-line that helps to create termination notice, but since our sublease has not ended yet it say’s that I cannot use that program. Does it mean I will have to be paying the rent all by my self for 8 month more until our sublease expires? Can do nothing in order to get my money or evict my roommate? And if I can, how?

Asked on September 16, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written sublease with your tenant where you for all intents and purposes are his or her landlord, you need to carefully read the sublease in that it sets forth the obligations owed to you and vice versa in the absence of conflicitng state law.

If your subtenant has not been paying you the monthly agreed rent, then he or she has broken the sublease with you. Your option is to do nothing and hope you get paid what is owed, serve the subtenant with a three (3) day notice or pay or quit, or serve the subtenant with a notice of termination of the sublease.

If the roommate/tenant does not pay what is owed and you evict him or her, you can sue this person for what was agreed to for the balance of the term with you. However, you are on the hook for the what you personally owe your landlord under the master lease.

Good luck.

 


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