What to do if I agreed to sublet my apartment for 3 months to a tenant and now that the tenant has been in for a week, my landlord no longer wants me to sublet?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I agreed to sublet my apartment for 3 months to a tenant and now that the tenant has been in for a week, my landlord no longer wants me to sublet?

So I told the tenant and was going to refund her for all the days that she didn’t stay, plus her security deposit in full. The tenant agreed to move out but got a lawyer to demand I pay her for the week she lived there, plus additional funds for her inconvenience. What are my rights, and what am I obligated to refund? I thought I was being fair by refunding all the days she didn’t stay, plus her full security deposit.

Asked on January 12, 2013 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You shouldn't have had her move out. The landlord attempted to breach your individual contract with the landlord by interfering with your contractual relations with the subtenant. You may be obligated to pay her back for certain expenses but you do not have to pay her an inconvenience fee. You can if she sues you turn around and sue your landlord for indemnification.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption