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?

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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 8 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.


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