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Second opinion question: If I rent an apartment from a

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Second opinion question:If I rent...
Second opinion question:If I rent an apartment from a tenant that has a lease with a landlord, is that something that is valid? In other words: I would like to rent an apartment from this guy, but he's not the owner, he's just the tenant, and he wants to sublet the apartment to me. I wonder if the owner finds out,if my agreement with his tenant is still going to be valid?
Submitted: 19 days ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
2/6/2018
Lawyer: Ely, Counselor at Law replied 19 days ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,214
Experience: Attorney
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Yes, it is. It is quite common. This is called a sub-lease. The tenant then becomes your landlord, and you become the sub-tenant. You would owe a duty to pay the tenant/landlord rent. You essentially would have a landlord/tenant relationship with the tenant.

NOTE that before this is done, ask to see their lease! If the landlord PROHIBITS sub-leases, then this is not allowed. However if the contract is SILENT about it, it generally IS allowed.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 19 days ago
Thanks for the answer. I am not concerned with the problems the tenant will have with the landlord. My concern is:
Let's say I rent the place from the tenant and the landlord finds out and asks the tenant to stop (and I still have 3 more months to go on my sublease with the tenant) . Can the tenant kick me out of the apartment before the date it says on the sublease that I will move out ?
Will the tenant have to evict me in court?
Lawyer: Ely, Counselor at Law replied 19 days ago

The landlord cannot ask the tenant to stop the sublease unless the contract prohibits it.

So say it does.

Can the tenant kick me out of the apartment before the date it says on the sublease that I will move out ?

Yes. They can evict you.

Will the tenant have to evict me in court?

For the sub-lease being illegal to begin with? The landlord can. The tenant cannot.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 18 days ago
Thanks for the answer sir. I am just confused. I will send you the link to the question (same ) I asked before asking you .
Please let me know if you disagree with the other experthttps://my-secure.justanswer.com/question/index/3791f65aeb4448e0b12bd3456d73c51d?continueTheConversation=False&comingFromAdservEmail=False&ratedThroughEmail=False&rating=0&paymentType=Unknown
Lawyer: Ely, Counselor at Law replied 17 days ago

That link does not work. Can you please try again?

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Customer reply replied 17 days ago
Let me just copy it
Customer reply replied 17 days ago
If I rent an apartment from a tenant that...
If I rent an apartment from a tenant that has a lease with a landlord, is that something that is valid? In other words: I would like to rent an apartment from this guy, but he's not the owner, he's just the tenant, and he wants to sublet the apartment to me. I wonder if the owner finds out, ... view full
05 February 2018 10:12jb156200 jb156200
Lawyer
Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!05 February 2018 10:21 jb156200 jb156200
Lawyer
Here are five legal problems that commonly occur in subleasing situations:Subletting may be illegal where you live. Before you think about subletting, you may want to check to see if it's even legal to sublet in your city or state. Some states don't allow subleases under certain conditions.
The lease may not allow it. Besides complying with the law, another legal problem when subleasing is whether the rental agreement allows it. Some rental agreements include a clause that limits the renter's ability to sublet or allow guests to stay for an extended period of time without the landlord's approval. So review the agreement or talk to the landlord before you sublet, otherwise you could be breaching the lease.
05 February 2018 10:22 jb156200 jb156200
Lawyer
One way to protect yourself is to request a copy of the lease, review it, and see if there is a clause either allowing subleasing or not.05 February 2018 10:23 Thanks. Let me clarify: I want to rent the apartment from the tenant. I do NOT know the landlord. The tenant will sublet it to me probably without the owner knowing it.
I am trying to cover my own butt. I would like to know ifthe tenant's lease with me would still be valid.
05 February 2018 10:40 jb156200 jb156200
Lawyer
I understand. Don't talk to the landlord but you should request a copy of the lease from the tenant. This way you can review the lease yourself to see if there is a clause not allowing subleasing. If the tenant refuses, I would be suspicious that it is not allowed.05 February 2018 10:42 I don't care if the tenant is doing something illegal. I just want to cover myself
05 February 2018 10:56 jb156200 jb156200
Lawyer
In all honesty you will not be in trouble, the tenant will be the one to face any ramifications by subleasing to you. The worst that may happen is the landlord files for eviction against the tenant, not you, and you may be forced to move but nothing will be on your record.05 February 2018 10:58 Thanks for the answer. But in case let's say the landlord finds out and is mad at him (tenant). And then he tells me to move out.. Can he llegaly make me move out before ending my agreement with him ?
I would think that the only thing that would evict me would be if the tenant can get the tenant evicted, right ?
05 February 2018 11:06 jb156200 jb156200
Lawyer
You are correct. There must be an eviction order.05 February 2018 11:06 Ok. So that means that my lease with the tenant is valid and he couldn't force me to leave or call the police on me to leave right ?
05 February 2018 11:12 jb156200 jb156200
Lawyer
Correct.
Lawyer: Ely, Counselor at Law replied 17 days ago

Before we continue, can you please clarify the state you are in? I assume you are in the U.S.?

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Customer reply replied 17 days ago
I am in the US.
I would like to do this in California, Chicago and NYC. I have a small business and would like to rent apartments for the high season only of touristy cities . So just a few months
Lawyer: Ely, Counselor at Law replied 17 days ago

Every different state has different rules on the sublease, although my original question was pretty much on the head.

CALIFORNIA

With a sublease, the agreement between the original tenant and the landlord remains in force. The original tenant is still responsible for paying the rent to the landlord, and functions as a landlord to the subtenant. Any sublease agreement between a tenant and a subtenant should be in writing.

Most rental agreements and leases contain a provision that prohibits (prevents) tenants from subleasing or assigning rental units. This kind of provision allows the landlord to control who rents the rental unit. If your rental agreement or lease prohibits subleases or assignments, you must get your landlord's permission before you sublease or assign the rental unit.

Even if your rental agreement doesn't contain a provision that prohibits you from subleasing or assigning, it's wise to discuss your plans with your landlord in advance. Subleases and assignments usually don't work out smoothly unless everyone has agreed in advance.

You might use a sublease in two situations. In the first situation, you may have a larger apartment or house than you need, and may want help paying the rent. Therefore, you want to rent a room to someone. In the second situation, you may want to leave the rental unit for a certain period and return to it later. For example, you may be a college student who leaves the campus area for the summer and returns in the fall. You may want to sublease to a subtenant who will agree to use the rental unit only for that period of time.

Under a sublease agreement, the subtenant agrees to make payments to you, not to the landlord. The subtenant has no direct responsibility to the landlord, only to you. The subtenant has no greater rights than you do as the original tenant. For example, if you have a month-to-month rental agreement, so does the subtenant. If your rental agreement does not allow you to have a pet, then the subtenant cannot have a pet.

In any sublease situation, it's essential that both you and the subtenant have a clear understanding of both of your obligations. To help avoid disputes between you and the subtenant, this understanding should be put in the form of a written sublease agreement that both you and the subtenant sign.

The sublease agreement should include things like the amount and due date of the rent, where the subtenant is to send the rent, who is responsible for paying the utilities (typically, gas, electric, water, trash, and telephone), the dates that the agreement begins and ends, a list of any possessions that you are leaving in the rental unit, and any conditions of care and use of the rental unit and your possessions. It's also important that the sublease agreement be consistent with the lease, so that your obligations under the lease will be fully performed by the subtenant, if that is what you and the subtenant have agreed on.

ILLINOIS

The Residential Landlord and Tenant Ordinance grants all Chicago renters the right to sublet their rental property, but it doesn't necessarily release you from your rental obligations. Say the person you got to take over your lease flakes out and doesn't end up paying the rent. Unless your landlord releases you from responsibility in writing, that's still on you. If you move out before finding somebody to sublet, your landlord is required to make an effort to re-rent your place, but if he or she can't, again, you're responsible for the remainder of the rent, as well as any advertising or redecoration expenses that may be required to bring on a new tenant. Moral of the story: make sure everything's in writing and you understand what your lease requires of you before you split. And try your best to find a reliable replacement tenant to save yourself and everybody else some potentially serious headaches (this is where that helpful Internet may come in handy again).

NYC

See here:

metcouncilonhousing.org/help_and_answers/subletting

So my answer stays the same.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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