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PATRICIA
PATRICIA, Internet Researcher
Category: General
Satisfied Customers: 531
Experience:  FUTURE DAYCARE OWNER, Gift of Discernment, ASSOCIATES DEGREE IN ARTS IN BUSINESS
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I'm now currently subletting an apartment room

Customer Question

Hi,
I'm now currently subletting an apartment room illegally, the real tenant is a friend of my friend. The landlord didn't know about this, we had an informal written agreement, I've also paid her $400 deposit, but I haven't pay the rent fee which is $400 permonth, and I was planning on staying for 3 months (over the summer).
Around 8 days since I've stayed in the apartment, the landlord found out about my existence here, and they give me an option, either to pay around $300 additional fees (the application form and stuff) and pay full price for the 3 months rent (the original price is $500), or go out from the apartment. I couldn't afford the first choice, so I tried to negotiate with the real tenant that so that I could only pay for $1200 which was on the agreement, and she pays the rest, or else I want to move out and pay her half month since I've stayed there for 2weeks.
It took a long time for her to reply my email since she's out of the country, and on the conversation she keeps urging me to stay and pay the application form which again, I could not afford. With that being said, I have the intention to find a new place (which I've already found one with a far better deal). When I'm already legally commited to sublet the new apartment and all set to move out (of course I already told her), she came up with the statement that she will be willing to pay the rest and let me still pay for $1200 for 3 months.
I know I can't just break the agreement with my new apartment since it's legal, the landlord knows it, or else I could be sued.
But on the other hand, I'm very afraid that the real tenant of the apartment that I sublet illegally will sue me for breaking our agreement (informal agreement).
My question is, does she have the right to sue me? And what is the best thing I should do? I'm only a freshman in college and an international student, I don't want to be in trouble. The state is MN.
Thank you, ***** ***** appreciate your answer
Submitted: 1 year ago.
Category: General
Expert:  PATRICIA replied 1 year ago.

Hello, I am ready your question: According to Minnesota law, when the owner of a house or apartment agrees to give to someone else - for money or labor - the temporary use of that place, the two have entered into a legally binding rental contract. It doesn’t matter if the agreement is oral or in writing. It is an agreement to rent, and that means some of its most important terms are automatically defined by law. Some of these terms are fixed - that is, neither landlord nor tenant can change them. Other terms can be whatever the landlord and tenant want if both parties agree. It looks like you may be in a contract with both your friend, and the landlord of your new apartment. The most logical would be to stay with the legal (new apartment) and try to come into some type of agreement with your friend. Be careful, not to make commitments in the future. Thank you,

reference:

http://www.ag.state.mn.us/consumer/Handbooks/LT/LT1.asp