Do i have a right to sue a former subtenant for monies not paid?

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Do i have a right to sue a former subtenant for monies not paid?

My friend moved into my apartment with me and said that he would pay for rent and groceries. He lived with me for 6 months but never paid for anything yet signed his initials next to all of the expenses that he had, groceries, rent, etc. My leases stated that I wasn’t supposed to sublet to him. Do I have a case to sue for the money despite this?

Asked on June 18, 2014 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, even though you were in violation of your lease, you may sue your "friend" for any rent or other amounts he owed you, for the time he actually lived with you and did not pay. You have two basis for suing:

1) Breach of contract: whether it was in writing or oral (unwritten), there was an agreement between you and him that you'd let him live there in exchange for certain payments. You honored your obligations; therefore, he must honor his.

2) Unjust enrichment: the law does not like people to get a benefit to which they are not entitled without paying. He got to live with you; he would be unjustly enriched if he did not pay you the fair value of the rental.


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