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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hi, I am subletting a room in a house and paid 2 months upfront. I

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Hi,
I am subletting a room in a house and paid 2 months upfront.
I am now leaving a month early and the tenant is refusing to pay me my money back even though I have offered to replace myself with someone who can take over the lease.
I have a handwritten note from the tenant, who is most likely illegally subletting himself which doesn't state that I need to give 30 days notice or that I cannot sublet the room myself.
What are my rights?
Can I find someone else for the room for the month? Or should they be paying me my money back?
Also, how can I find out if my sublease is legal? Do I have the right to see the original lease agreement?
Please help!
Thanks

Hi, Miri, and Welcome, My name is XXXXX XXXXX I will be assisting you. If I have not Answered your question, please let me know and I will be glad to explain further

 

You asked,

 

1. Can I find someone else for the room for the month?

 

2. Or should they be paying me my money back?

 

3. Also, how can I find out if my sublease is legal?

 

4. Do I have the right to see the original lease agreement?

 

 

Answer

 

1. & 2. If a tenant or subtenant rents property for a specified period of time, but leaves prior to the expiration of that period, he or she has breached the lease and is not entitled to a refund of his or her money. However, the tenant or subtenant must be allowed to mitigate his losses and he must be permitted to find someone to substitute for himself in the lease or sublease. If he finds someone who is credit worthy, consent "shall not be unreasonably withheld". Therefore, if you find someone who is creditworthy, then the person who sublet to you cannot unreasonably withhold his consent;

 

3. & 4. You have every right to review a copy of the lease so that you can confirm that the tenant has the right to sublet and is not doing so contrary to the terms of the lease because if it is an illegal sublet, he can be removed from the property. Therefore, you have every right to see the original lease to confirm that your sublet is legal,

 

_______________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 3 years ago.
Hi Andrea,
Is there a format for a legally binding sublease agreement.
I am trying to prove to the tenant that the note he wrote me is not legally binding.
The note only states that I paid 2 months rent from July-end August and that the tenant will resume the lease after this period.
There is no mention of notice period,I didn't see the original lease and it doesn't state that I cannot sublet it/find a replacement for when I leave.
Thanks

Good afternoon, Miri,

 

There is no special "Sublease form". One would use a regular lease and simply recite the chain of lessees, indicating that the lessee/tenant is subletting to another person. It does not have to be on any special form to be a binding contract (because a lease is a contract ). But, even though it is a binding lease, he cannot keep your money because the note did not provide that you would forfeit any money you paid to the tenant. If there was no notice provision, then you cannot be in default even if you had not given notice that yu were leaving early. When the parties have an agreement in writing, like you and the tenant have, the law does not permit either party to read into the agreement, terms which are just not there, and neither can any terms be inferred. Therefore, you did not have to give any notice that you were leaving early because the note did not contain any notice provision and the tenant cannot keep your prepaid rent because the note did not have any provision for forfeiture,

 

_____________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

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