Complications with original Leasee on Sub-lease agreement

[Texas_Owner]

My problem is I have signed lease agreement until Feb. 2011. Due to financial reasons the tenant did not move in but paid rent in advance for 2 1/2 months plus a deposit. She called and told me she would not know when she could move in but would like to sub-lease the house to a friend. I spoke with the friend and agreed but explained to the leasee no monies were to be received (trust issue). I e-mailed the sub-lease to both parties and the sub-leasers moved in before I received the signed agreement, the sub-leassors gave te leasee a deposit, first and last months rent without me knowing. Now I have not had any contact with the primary leasee. I have e-mailed with the only response "i've been working a lot"

My first question: Is the primary lease agreement valid because I have not received the sub-lease agreement signded?

second question: Can I terminate the lease without returning the deposit?

Third question: Is the primary tenant still responsible for the rent even though she is not living in the house?

Thank you.

 

[fredrikklaw]

Principal Tenant, Landlord to Sub-Tenant!

In a sublease situation, the Principal Tenant, namely the one who signed the original lease agreement, remains de facto responsible to the landlord (you) for all the terms and conditions of the lease. Therefore if the subtenant does not pay the rent (for example), the principal tenant will still be responsible to the landlord for payments of all rents due.

In effect, the principal tenant will become the sub-tenant's landlord and as such can and sometimes will require a deposit and will also have the sub-tenant pay him the rent. The principal tenant will also have the same legal rights to terminate the sub-tenancy by giving proper notice and such.

So, the answers to your questions would be (1) Yes; the original lease remains in full force and effect and (2) No; you cannot terminate the tenancy on this ground and hold on to the deposit without adverse legal consequences and (3) Yes; the principal tenant remains responsible for the entire term of the lease including its covenants regardless of whether she occupies the premises or not.

fredrikklaw

 

[Texas_Owner]

Thank you for your answer. One more question, what do I do with the sub-tenants whom are currently in my home? They did not give me any monies and I have received a signed agreement. I was unaware monies had already been exchanged between the original tenant and sub-tenant. I was promised over and over again by the original tenant the signed sub-lease agreement would be sent to me but it has now been 21/2 weeks and nothing. I have tried to contact her numerous times with no answer. Do I wait for the original tenant to pay May's rent? Thank you.

 

[army judge]

Thank you for your answer. One more question, what do I do with the sub-tenants whom are currently in my home? They did not give me any monies and I have received a signed agreement. I was unaware monies had already been exchanged between the original tenant and sub-tenant. I was promised over and over again by the original tenant the signed sub-lease agreement would be sent to me but it has now been 21/2 weeks and nothing. I have tried to contact her numerous times with no answer. Do I wait for the original tenant to pay May's rent? Thank you.

If the rent for May is unpaid, you can sue the prime tenant.
You can also sue the sub-letters.

In all likelihood, you aren't going to be seeing any rent.
To put it more gently, I'd be surprised if you saw any rent going forward.
If the rent isn't paid, and in order to defeat the subtenancy, you can bring an eviction action against all parties.
That would potentially defeat the sub-lease.
However, be prepared for them to cure the default by paying in court.

I hope you get paid.
I suspect the prime tenant is a scammer and con-artist.
The subs will probably pay her.
You'll never see a dime.
This could get messy.
So, if you do have to bring an eviction action, you might want to consider renting to the subs.