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I am a subtenent. It turns out my landlord(sublessor) has…

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Second opinion] I am a...
Second opinion] I am a subtenent. It turns out my landlord(sublessor) has issued a contract that is not allowed(according to his contract with the actual owner of the house). However, I have signed this sublease agreement. Does it hold any water legally since it was not allowed in the first place? The first file is the sublet clause in his agreement. The file is the agreement that I signed(without originally being presented the first document).
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
5/26/2018
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,104
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

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Does it hold any water legally since it was not allowed in the first place?

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Yes, it is entirely legally binding between you and the prime tenant. There are two contracts here... landlord and prime tenant ....and prime tenant and subtenant.

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So you are fully able to enforce your contract against the prime tenant. If the landlord finds that to be a violation of their contract with the prime tenant, that is their issue to deal with them on. The prime tenant is your landlord and has all the same duties as any landlord to you.

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thanks

Barrister

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Customer reply replied 2 months ago
OK, so, since it is legally binding, I cannot break the lease and leave without consequence?
Customer reply replied 2 months ago
Essentially what happened is that, before I moved in, a flood happened in this room. I was not told about the flood and there was water damage done to the flooring so it had to be replaced. I came home one day and all my stuff was moved from my room so the floor could be torn out. Once it was torn out, the underneath floor was all moldy(I have pictures of this). It was moldy and I am allergic to mold so I have been sleeping in the hallway outside as of the past two days and I'm trying to leave if possible.
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

OK, so, since it is legally binding, I cannot break the lease and leave without consequence?

.

It is binding between you and prime tenant. They can't force you out without legal repercussions and you can't break the lease and leave without potential repercussions. But if the prime tenant wanted to release you, and you wanted to go, then you can just sign a simple agreement stating you are voiding the contract between you.

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But if the place is covered in mold, that would make it uninhabitable and justify you breaking the lease because the landlord (i.e. prime tenant) has to provide a safe and habitable dwelling.

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So yes, you are well within your rights to either break the lease, or force the landlord to put you up in a hotel until repairs are made.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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