Sublessee in illegal subleasing contract wants out! Am I still obligated to pay rent?

[sboston]

I signed a sublease agreement with a tenant in an apartment to stay there from December 2010 through May 2011. The tenant informed me that subleasing was allowed by the apartment complex and I paid rent in the form of a money order directly to the apartment management for December through March. There was a notice on the apartment door stating that renter's insurance was needed for the apartment so I took a copy of my renter's insurance to the management building and told them I was subleasing the apartment. They informed me that they do not allow subleasing but that they could assign the apt over to me for a new 1 year lease by running a credit check, income verification, etc. I told them that the lease was up in May and I was not interested in a 1 year lease, and they said that I needed to have the original tenant contact them because they do not allow subleasing.

My question is: Am I allowed to simply leave the apartment since I am legally not allowed to reside there and if I do, am I legally required to pay the next 2 months' rent since I signed the subleasing contract, or am I not legally required to do so because the sublease contract was not approved by the management company and is therefore not valid? I would like to move ASAP since I didn't know this subleasing wasn't valid, but I do not want to be sued by the original tenant if they can say that I defaulted on a valid sublease contract. Thanks

 

[army judge]

You've only been notified by the landlord's agent that they don't permit sublets.

I suggest you discuss this with the person who sublet to you.








That person will more than likely want you to stay and pay.

They could howl and threaten you with a lawsuit for the balance.







If, indeed, the sublet is invalid; as indicated by the landlord's agent, you can vacate the premises as soon as you can.






Be sure to get something in writing from the landlord's agent before you vacate. You might need that if you are sued for "being forced to break your lease"!!!

This won't prevent you from being sued, but will assist you in your defense if you are sued.

 

[mightymoose]

While the management is saying they do not allow sublets, you are saying that you have been paying the management directly for a few months and they have accepted your payment... so it would seem that they are aware of and have accepted the sublet.

Obtaining a statement in writing from the managment, as suggested above, that indicates the sublet is unauthorized and demands your immediate move out will put all responsibility back on the original tenant.