If I sublet an apartment, what I can do to get my rent money back once I leave?

My roommate has psychological problems and I need to leave my apartment. Her name is on the lease agreement with the landlord, I sublet from her. In her written agreement with me she stated that I just needed to pay rent and utilities on time, she does not state I need to provide her with a 30 day notice before I leave. I want to leave this weekend but I payed rent for this month and next month to the landlord. If I leave can I still get my rent back from the landlord for half this month and next month?

Asked on October 12, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem that you have concerning your rental is that your agreement is as a subtenant from the tenant who has the actual contract for the unit you are occupying owned by the main landlord.

If your agreement is with the subtenant (roommate with the psychological issues) you have no recourse to get any monies paid for this month's rental from the owner of the unit you occupy for the simple fact that you have no contract with him or her.

Legally, the landlord (peron who owns the unit) has no obligation to return any monies you paid him if you vacate the unit early. Your recourse for the money that you paid for the next month's rent of the unit where you will be leaving early would be to get your amount back from the your roommate.

Accordingly, you need to ask your roommate for this money back and if you leave early and do not get a refund, your recourse is a small claims court action against her.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.