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I legally sublet my room in January. My landlord evicted my tenant and never told me...is this legal?
Anonymous7 views2 answers
I legally sublet my room in January. My landlord knew the agreement and asked us to print sublease agreement which he collected. In the contract my sublet was to pay him directly. for 5 months she did. In June, with two months to go he evicted her and did not tell me. He intends to keep my security deposit as the two months rent...resulting in a 1200 loss for me. He never told me he evicted her, hence I never had the chance to 1. collect the rent directly from her 2. find another sublet to fill the room.
Yes, the landlord should have told you that he evicted the subtenant. This may have been specified in your lease, but even if it was not, it would have been a best practice for him to have done so. The question now is whether his not telling you opens the opportunity for remedies flowing to you. Since you remained the primary, original tenant, the landlord still had a right to collect from you, seeing that you and the landlord never severed your privity of contract during the subtenant's occupancy. But what does the original lease say about subletting, and the respective obligations between you and the landlord, in the event of a sublease? That particular provision would be the most useful in figuring out if you have any remedies.
I think it depends on your sublease agreement. It should specify what notice was given. You should read the sublease document carefully. You should always get a lawyer to review such an agreement and it may not be legal to prepare documents like this when there are different parties involved.
