What makes a sublease null and void?

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What makes a sublease null and void?

I sublet without my landlord’s permission. My subtenant voluntarily moved out after complaining about bugs but we signed a sublease agreement and she didn’t pay after she moved out. Can I sue her for the money for the term we agreed on in the sublease agreement?

Asked on August 22, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your lease prevents subleasing entirely, or requires a landlord's permission for a sublease, it may be that you cannot enforce the sublease against the subtenant, since you did not have the right to sublease to her in the first place.

Even if the sublease is enforceable, if there was an insect or other pest problem, if it was severe enough, that may give the subtenant  the right to terminate the lease without penalty or obligation to pay rent; this would be for a violation of the implied warranty of habitability.

Other than as the above, a sublease should be enforceable as per its terms, including as to the obligation to pay rent.


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