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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2241
Experience:  Experience in residential real estate and commercial leases.
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My son sublet his trailer to another person before moving to

Customer Question

My son sublet his trailer to another person before moving to Washington State recently. He only added her as an occupant but not to the lease. She invited a friend to live with her who destroyed the place and the landlord us now threatening to file felony charges against my son due to the damage. The landlord was aware of the occupants and even suggested it to my son as an option for him when moving. What are his legal rights now?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. 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.

I am sorry your son is dealing with this situation. First, your son did not commit the damage and can not have felony charges filed against him. Second, it is unlikely the police will get involved as this is a civil matter not a criminal matter.

However, you son still being on the original lease does create some issues and he could be held liable for the damages because he is on the lease. Mitigating that liability would be the fact that the landlord permitted the occupant and therefore he should not be held liable for the full amount of damage.

In addition, if your son is sued for the damage he can name both the occupant and the person she allowed to stay as a third party and basically to the extent he is held liable they are liable to him. This results in at least sharing the cost of the damages but possibly being reimbursed for any damages he is held liable for.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

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