If someone is a subtenant and pays rent to the main tenant, can the lanlord of the tenant kick out the subtenant if they are not on the lease?

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If someone is a subtenant and pays rent to the main tenant, can the lanlord of the tenant kick out the subtenant if they are not on the lease?

Asked on December 29, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The main tenant's landlord can't evict a subtenant. What he or she can do is evict the main tenant if the lease with that tenant bars subleasing, or the subtenant is, as a person authorized by the main tenant, doing something that would justify eviction, like recklessly or deliberately damaging the landlord's property, or disturbing the peace of other tenants. (Note: typically for  these evictions, you first have to give the main tenant a notice to cease, or warning that he/she will face eviction if the issue continues.) The landlord's recourse is against his/her own tenant, not the tenant's tenant.


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