Filing for unpaid rent from subtenants

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Filing for unpaid rent from subtenants

My family recently left my brother-in-law in charge of our house, and he took on two roommates. I have lately been in close contact with these two roommates, as they have unpaid rent and utilities which are past due. They have both moved out without notice, and both tell me they will not deal me with me because they made the agreement with my brother-in-law. Unfortunatley he did not have them sign papers and it was a purely verbal agreement. My question is, as the homeowner, am I able to file against these two subtenants? What are my chances of winning my case?

Asked on June 28, 2009 under Real Estate Law, New Mexico

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  If your brother is not an owner of the house, you can go after him for the full amount of the unpaid money as he was in direct contract with you.  As for the subtenants, you will not get the money from them as their deal was with your brother.  Howerver, if your brother was acting for you as your agent, then i would say that you can stand in his shoes and go after these subtenants and win.


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