sublandlord wants to break sublease what are my options?

[db008]

Here's the story, I'm supposed to sublease an apartment come January in Boston. Back in June, I signed a sublease agreement with the kid currently living in the apartment. He was supposed to go home for an internship in January, I was going to move in, everything was peachy. Come September, he changed his mind and decided he wanted to stick around next semester and he asked me if I was willing to work something out. I said, sure I'm flexible, you want to change the sublease so you have to do the grunt work (find another apartment), as long as you find a place within the same distance from campus, same price, and with people I know (same conditions as the place I was gonna sublet) we can work something out. It's been two months, he hasn't been able to find anything and from what I've gathered at this point has given up on the apartment hunt and is trying to weasel his way out of the sublease agreement. My question is, if he (or I) don't find a place by January, would he be obligated to pay any difference in rents between his place and the place I find, and any additional costs (commuting, etc.)?

 

[jharris352]

No he will not be required to pay your costs. He can't just break the lease depending on what you signed. He is stuck to it just like you are stuck to it. First you have to determine if a sublease was even allowed under his primary lease. Most leases don't allow subleases. If he did a sublease without permission it never was valid and you are out of luck. If it was valid then you can force him to go find another place to live unless he exercises any lease breaking clause that might exist in your arrangement.

It's hard to answer your question without the details.

 

[db008]

The original lease does allow subleases however, I know the landlord prefers you do it through them (obviously). I'm not sure if subleases done without the landlord are valid though. I'll try and get a copy of the lease to see for sure. In this case, that subleases are allowed, would the sublease agreement we signed be of any value or am I still out of luck? thanks for your help.

 

[jharris352]

If subleases are allowed then he is bound to his contract just as you are bound to it. He can no unilaterally break the contract. There may be some provision in your sublease for breaking the contract and that would rule. If he just reneges then he has breached the contract and would be responsible for damages that are from his proximate cause. Because you have not yet moved in, I'm not sure what those damages would be: your deposit, certainly, possibly some payment for your inconvenience, but I doubt it would be much more than 1 month or 2 months rent.

 

[db008]

I was able to get a copy of the original lease agreement today, here is what it says regarding sublets:

The Lessee shall not assign nor underlet any part of the whole of the leased premises, nor shall permit the leased premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this lease, their spouses, and any children born to them during the term of this lease or any extension or renewal thereof without first obtaining on each occasion the assent in writing of the Lessor.

1) Since a sublease agreement was signed between me and the original lessee but not between me, the lessee, and the lessor, is our sublease agreement valid? Note, the sublease wouldn't take place until January and I would go to the lessor to get an agreement with them before moving in.

2) If the sublease agreement is valid, what damages would the other party be responsible for as a result of breaking the agreement (costs to find a new apartment, travel costs, rent difference, etc.)?

3) The other party doesn't have a copy of the sublease agreement, am I legally obligated to give it to them?

thanks again for your help!

 

[jharris352]

1. The lease specifically does not allow subletting that isn't signed by the lessor so your sublet is invalid. You could go to the lessor to get it validated but the first thing they are going to do is contact the tenant to see if they still want to do it. Further I doubt the lessor is interested in a sublet. (Read: Go find another apartment you are screwed).

2. At most, even if it was valid they would be liable for a month's rent or so.

3. This isn't a game if they don't have a copy give it to them. Besides that, if you wanted to sue you would have to show a copy of the sublet.

I'll repeat: YOU HAVE NO CASE move on. Sorry.

 

[db008]

Very well, lesson learned, good thing this came up now and not at the end of December.
For future reference, is there any law requiring a party to provide a copy of contract if there is no clause in the contract stating a copy will be provided?

Thanks again.

 

[jharris352]

No law that I know of, but if I'm signing anything I'm getting a copy.