Sublease forced move-out / need advise and tips / Thanks for help!!

[guestpost]

Hi , does you mind giving me a bit of quick advice?

I was looking for a 6 week sublet in DC. I replied to Craigslist and checked out a place. Everything seemed fine.

I never specifically signed a lease, though I have emails detailing the arrangement we agreed on, very roughly, except price and full duration. A text message finalized the price and duration - and I paid with PayPal so I have a receipt.

The person who sublet is not the landlord.

Anyway 2 weeks into this sublet, the other two renters and I are having issues. I decided it best to just move out - they urged the same - however I want to know my rights in this situation..

1. can they change the locks?
2. can they have me arrested for being in the apartment?
3. can they place my stuff on the street?
4. if they ask me to leave, do I have a certain timeframe allowed to do so?
5. what else can they do? What can I do?


I want a smooth transition but need a week to solve the issue of finding a new place to stay. Knowing legalities and my rights will help me confidently and maturely deal with the issue.

 

[Michael Wechsler]

In this instance the tenants are now your landlord (subject to the rights of the actual landlord and property owner) and you are their tenant. Typically this is describe as landlord - tenant - subtenant with regard to each party although technically the tenant is a landlord in relation to a subtenant. Without knowing more, the following is my understanding of landlord-tenant rights in my jurisdiction and should probably be the same in others.

1. No - you have rights as a tenant, even if you are were just a verbal month to month tenant. In this instance, you are a tenant even if there is no written and executed lease. The emails and payment of rent should suffice. A landlord cannot simply change the locks on the residence to which you have the legal right to use and reside.

2. No, the other tenants cannot have you arrested for being in an apartment which you have the legal right to be present as a tenant.

3. No, you have the rights of a tenant just like the other tenants until your lease terminates.

4. They can ask you to leave but you're only legally obligated to leave when your lease terminates.

5. The smoothest solution is to look for a new place and let your other apartment mates / fellow tenants know that you're going to leave as soon as you can find a new place (and that you expect the return of your prepaid rent.) Tell them you're just as anxious to get out of this bad situation as they are. Good luck.