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

UPDATED: Sep 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 16, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption