Illegal Sublet
I was going to sublet from someone but I found out that it is illegal for that person to sublease to anyone. I want to get out of this situation but I signed a paper between me and the tenant (the management was not involved because at that point I was unaware that subleasing was…
I was going to sublet from someone but I found out that it is illegal for that person to sublease to anyone. I want to get out of this situation but I signed a paper between me and the tenant (the management was not involved because at that point I was unaware that subleasing was illegal) agreeing to pay a certain amount per month. She is now saying that I still have to pay because I signed a contract. However this contract (in my opinion) is void because she can not legally uphold her end of the deal: she cannot offer me a room since it is illegal for her to do so so therefore I do not need to pay and the contract would be dissolved.
Contact the management company with your sublet contract and ask them if it’s OK for you to move in. Let the master tenant know you will do that, maybe she’ll find it’s easier to release you.
Whether it’s a roommate or a sublet situation, the bottom line is that if you don’t pay, and don’t move it, the person you dealt with is never going to collect anything from you. If you are sued in small claims you can also counter sue, if it is true as you say that they weren’t allowed to rent to you.
mistake and impossibility? mistake only makes a contract voidable not void-and is an equitable issue(normally called mutual mistake BTW). Impossible? no way you can always get over land lord permission so its not impossible, in either case it would be a defense that would still get your name in the bad tenant file. Not legal advice either but getting kicked out takes more than the length of most leases and would subject the sublessor to damages…
smeyer — there’s also mistake and impossibility. One could argue both parties were mistaken that the lessor had the right to sublease the apartment. Or, that sublessor agreed to do something that is impossible, namely sublet the apt. Even if OP could physically occupy the space, OP would be at risk of the management company kicking him/her out. So the lessor is trying to enforce payment but the lessor has no real consideration to exchange for the money. This all assumes OP didn’t know that the sublease was prohibited at the time of contract. But as long as it is clear the lessor is looking for something for nothing, OP would appear to have good grounds to walk away. (Again, not legal advice.)
My question is…How do YOU know it is illegal for them to sublet? Where is your information coming from? Why would they put their tenancy in jeopardy and give you that information, therefore making you nervous to business with them? Just asking…
a contract is void if it is against a strong public policy. A contract may be voidable if it violates some specific law or term of an agreement. there is NO specific strong public policy against subletting, even if it violates a term of the head lease that violation is between the head tenant and the landlord not the sublessee. So it may or may not be voidable but it is probably not void(a contract that is void is a nullity), a contract that is voidable is enforceable but may be terminated. A roommate situation is not a sublease which normally requires that the entire tenancy be transferred. In any case it seems to me that the best course of action is to tell the other person that you want out with the specific reasons why and offer to pay something towards getting a new “roommate” for a short period. If they sue you your name gets placed in the bad tenant file and can cause you problems in the future. Also Small claims court is not always bound by the law but may do what the judge thinks is substantive justice which you wind up on the wrong side of and appeals are expensive. Make love not war. Work it out if you can.
Is the master tenant still living there? Is this a roommate situation? If so then you are not subletting you are renting a room which is OK.
We need to know the full story before rushing to judgment.
Why is the sublet illegal? I am not giving legal advice in any way, but just because sublets are prohibited by the terms of the primary lease doesn’t mean that the sublet is illegal, or even that the covenant not to sublet is enforceable.
E.g., if there are more than 4 apartments in the building, by statute the tenant has a right to sublet with the advance consent of the LL (which cannot be withheld unreasonably).
I think DHCR rules prohibit a tenant from charging more than their regulated rent (plus maybe a 5% markup — not sure) to subtenants, but this sounds like a different situation.
1. Move out ASAP.
2. Don’t pay this person a dime (only for the time you were in residence and the agreed-upon amount, that’s the right thing to do).
3. Tell this swindler to suck s**t through a dirty sock.