What rights does a sub-tenant have if the primary tenant fails to pay rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights does a sub-tenant have if the primary tenant fails to pay rent?
I paid my rent to my landlord in a commercial office; she is subleasing an office out to me. Turns out she hasn’t paid the rent on the office and now the property owner is threatening to change the locks. What rights do I have?
Asked on June 22, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You don't have any right to stay in the premises if the rent is not paid by the primary tenant, or if the primary tenant is evicted for any reason; your right of occupancy derives from the primary tenant's own rights, and if she loses her possession of the space, she can no longer give you the right to stay there.
2) You may be able to sue the primary tenant for damages, if she has breached her lease with you by not providing you the space which she agreed to rent to you. You potentially could recover the cost to move your business elsewhere, or if you rent more expensive space, the difference in price.
3) Nothing stops you from trying to work something out withe landlord and the current tenant in which you might rent some or all of the space directly from the landlord.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.