Can a landlord kick out an illegal subletter immediately?

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Can a landlord kick out an illegal subletter immediately?

I own a property and the tenants have subletted a room without my consent. The lease contract clearly states subletting is not allowed. Can I have the subletter kicked out immediately? By calling the sheriff? Can I also start a eviction process since this is clearly a breach of contract? Do I need to send my tenants a warning letter first? If so, how can I prove that I did send a warning letter in case they deny receiving the warning?

Asked on August 8, 2012 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would not do anything yourself with regard to the subletter and I would hire an attorney to help you with this matter.  First, your attorney needs to send a letter as to the breach.  You will also have to formaly evict the subletter and the notice requirements are very specific under the law.  If you mess them up then you could be out of luck.  If the actual tenants do not move you are going to have to bring an action to void the agreement based upon the breach and for eviction.  It is not easy.  Good luck.


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