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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33778
Experience:  Attorney for over 15 years, landlord 26 years
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About a month ago you responded to a question I had

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About a month ago you responded to a question I had regarding a landlord/tenant issue. My daughter lives in Minnesota and is attempting to sublease her house which she lived in with 4 other girls. See attached.
We sent a certified letter which was never picked up by the landlord. After 2 notifications were sent, the letter came back to us. He asked her for this month's rent via text. She responded by stating she sent a certified letter, that she was breaking her lease and why. He responded by stating he was taking her to court.
There is one person who is interested in signing the lease but not until Dec-Jan.Questions:
1. Should we resend the certified letter to the landlord?
2. Since my daughter, Natalie has informed the landlord that she is breaking her lease, is she or could she be held responsible for handling anything related to any new tenants that sign a lease going forward.

Hello again and thanks for requesting me..

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1. Should we resend the certified letter to the landlord?
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Not necessary, If he didn't pick it up the first time, he won't the second. The point was just to create a paper trail that she was notifying the landlord she was breaching. But if the other girls are paying the full rent, I don't see the landlord actually suing her. If they are only paying 3/4 then yes he might do so.

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2. Since my daughter, Natalie has informed the landlord that she is breaking her lease, is she or could she be held responsible for handling anything related to any new tenants that sign a lease going forward.

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If she subleases, then yes, she is still primarily responsible. But if the new tenant signs a new lease with the landlord, then no, she is no longer liable as the lease has been assigned.

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thanks

Barrister

Customer: replied 1 month ago.
I think the landlord believes he "can't" charge the 4 more rent so he will likely hold Natalie accountable for her portion. Thank you for your response! You may be hearing from me again.

If they are all under one lease then they are all each liable for the entire rent. But if he isn't making the 3 remaining tenants pay the full rent, then he may try to sue her in small claims court.

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And you are very welcome.

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Thanks

Barrister

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