If I sublet an apartment, what I can do to get my rent money back once I leave?

UPDATED: Oct 12, 2011

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If I sublet an apartment, what I can do to get my rent money back once I leave?

My roommate has psychological problems and I need to leave my apartment. Her name is on the lease agreement with the landlord, I sublet from her. In her written agreement with me she stated that I just needed to pay rent and utilities on time, she does not state I need to provide her with a 30 day notice before I leave. I want to leave this weekend but I payed rent for this month and next month to the landlord. If I leave can I still get my rent back from the landlord for half this month and next month?

Asked on October 12, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The problem that you have concerning your rental is that your agreement is as a subtenant from the tenant who has the actual contract for the unit you are occupying owned by the main landlord.

If your agreement is with the subtenant (roommate with the psychological issues) you have no recourse to get any monies paid for this month's rental from the owner of the unit you occupy for the simple fact that you have no contract with him or her.

Legally, the landlord (peron who owns the unit) has no obligation to return any monies you paid him if you vacate the unit early. Your recourse for the money that you paid for the next month's rent of the unit where you will be leaving early would be to get your amount back from the your roommate.

Accordingly, you need to ask your roommate for this money back and if you leave early and do not get a refund, your recourse is a small claims court action against her.

Good luck.

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