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What are my rights to sublease my apartment since two tenants vacated?
I originally signed an apartment lease agreement for an apartment with my two friends on the lease as well. After the first two weeks, they left without any notice and are not planning on coming back or living here. I found two more roommates immediately to replace them, but now the apartment management company says I committed a lease violation and sent me a lease termination notice and eviction notice. Do I have any recourse here?
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Answers (1)
In this instance you are not actually subletting or assigning your apartment because you intend to remain as a tenant. The applicable term for your situation is “sharing”. Sharing means you are taking in one or more persons as roommates who are not family members. You have the right to share your apartment provided that you are not moving in more people than the number of people who vacated.
You are required by law to inform your landlord of the new tenant(s) within thirty days after the new tenant(s) move in or within thirty days of your landlord requesting that information. However, failure to do so carries no penalty.
The laws regarding sharing of an apartment vary from state to state. To find the laws which are applicable to your state, please see the link below. In every state, however, a tenant has some rights to share an apartment and can only be evicted in the event of non-payment of rent or a breach of the lease agreement. If your landlord is attempting to evict you for sharing your apartment, he or she may be violating your rights as a tenant and exposing themselves to liability. It is important that you get the advice of a tenant’s rights attorney who can assist you in preventing an eviction and in filing a claim for any damages you sustain as a result of improper actions by your landlord.
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Posted by Joanna Theil on 22 Jan 2010
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