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Subletting Laws and Rights

What is a subletting?

Subletting is also known as subleasing. Subletting is where an individual rents out their home or part of their home to another person while they are still renting the home but are living somewhere else. Many common types of subletting are finding a roommate to help someone with the living expenses of an apartment or home. When subletting a home often times subletting agreements are formed, which is the same as the agreement between the renter and the landlord. In many cases, landlords will not allow individuals to sublet their home and this can cause legal issues.

In the state of New York if someone had let another individual move in under a subletting lease, who is responsible for the lease with the landlord?

For starters, the landlord has the right to reject a subletting lease. A subletting is not an actual lease with the landlord. The subletting lease is between the renter and the subtenant. The renter’s responsibility is still with the landlord. In this case the subtenant will need to provide the rent to the original renter, and then the renter is responsible to pay the landlord. The subletting lease agreement will not release the renter from their responsibility to the lease with the landlord. The lease will still be in effect.

If it is stated in the lease about prohibiting subletting agreements, and the individual is subletting a studio apartment to four other individuals, and none of them have paid rent how would the landlord go about evicting them from the apartment?

In this case the landlord can evict all individuals for two reasons, one being that the individual who has signed the lease agreement is failing to follow through with this agreement, and for nonpayment from the original renter or the subtenants. The landlord will have the right to sue in the Landlord and Tenant Court. When looking to evict a tenant or another person, they can file a Complaint for Possession in the Landlord and Tenant Clerk’s Office. Now, in the case that the landlord only wants to sue for nonpayment or damages, the landlord will need to bring this matter into the Small Claims or the Civil Actions Branch.

What can an individual do if their new landlord is refusing to renew their lease because of claims being made that the individual has a subletting lease with another person?

In this case there is not much the individual can do. This is a tricky situation. The landlord is not able to terminate the lease because of the false claims that were made, unless those who made the claims can prove that this is true, and for the landlord to terminate the lease they would need a court eviction order. Now, if the individual can show the court that the landlord is discriminating against them based on race, religion, sex, age, etc, then the individual will have a case. As for the rights of the landlord, the landlord will have the right to refuse a renewal of a lease for any reason.

In the state of California is a individual is subletting commercial property, and the original renter is giving up their rights to the property, what rights does the subtenant have if they have not violated the lease and has paid rent?

The subtenant this will take their legal rights to the property from the other renter. If the subtenant doesn’t hold any more legal right in the property than the other renter and if the renter is evicted from the property the subtenant will then lose their rights to this property under the subletting agreement. In some cases, the owner of the property can allow the subtenant to continue renting out the property. With that being said the landlord could also take legal actions and have the subtenant removed from the property as well. Now, since the other individual has left the property, the subtenant will have a breach of contract claim against them, and they can request a refund for any damages and unpaid rent.

When a subletting agreement is signed, the individual is responsible for not only maintain the property, but also paying their share of the living expenses. Many times individuals will run into issues, where it was not agreed with the landlord to sublet out the property. This can cause many issues. For more legal information about the subletting laws contact the Experts online.
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