If my landlord had us sign a lease to rent a room in his apartment but is illegally subletting to us, are we obligated to pay him fo the last month?

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If my landlord had us sign a lease to rent a room in his apartment but is illegally subletting to us, are we obligated to pay him fo the last month?

We want to move out but need our funds to leave.

Asked on August 24, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you have to pay your landlord rent for the alleged illegal sublet depends upon how is the sublet illegal? If the unit is not allowed to be rented due to being an illegal or not approved unit, then most likely you do not owe rent. If your landlord has breached an agreement with his landlord by renting out the unit, then you owe rent. I suggest that you discuss your matter further with a landlord tenant attorney since your question is not specific enough for me to fully answer.


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