Can you sublet against your roommate's will?

[CyclonsLOL]

I know two people who are on a lease -- Friend and EvilOne. EvilOne has been irrationally causing a lot of problems for Friend and so Friend wants to move out to a new place starting August. She would be replaced with a subletter for the duration of the lease, which ends in October.

EvilOne is unfortunately trying to do everything she can to make Friend's life hell out of spite (she has admitted this). Can EvilOne boot Friend's subletter out if she says she does not want a subletter in Friend's place?

Friend does not want to effectively be paying double rent at her current place and the new place starting August, and so EvilOne is trying to throw as many wrenches into this plan as possible. Friend is tempted to simply sublet the new place and stay at her current spot in order to make EVILONE'S life hell in the meantime. I'd rather she find a way to move out so we can all be done with this ordeal.

What rights do Friend and EvilOne have at this point? The leasing office is just sending Friend is circles without really giving her straight answers other than "Work it out with your roommate." Friend wants to know her *rights* here.

 

[army judge]

If friend is allowed to sublet by her landlord, evilone has no say. That said, evilone can make the life of "subletter" very difficult.

"Subletter" might want to get out of the lease before October ends. If that happens, friend will still be stuck.

What if evilone damages, destroys, or causes other harm to friend's interests in her absence? Friend isn't off the hook if she gets "subletter" to rent until October. This can still backfire on friend.

Friend might be best served by paying the two rents for a few months. If evilone causes damage, she might be stuck for a great desk more.

It would be better if you could help friend pay off the rent through October. In fact, the landlord might be willing to compromise.

If the total of rent due through the end of October was $1,000, landlord might be rolling to take $750 to let friend off the hook now. That would render evilone's ability to harm friend useless.

Friend's rights are the same, with or without a "subletter". Friend is stuck with evilone until October. She needs to get off of the lease ASAP. I've told you how that could happen.





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[CyclonsLOL]

Thanks for the reply.

I am unfortunately not able to financially assist -- Friend is actually moving in with me to this new apartment with a few other people. The new place is a luxury apt and so is Friend's current place (like 1350+ per month). It's just that EvilOne is causing such a stressful ruckus for Friend in order to make her transition as difficult as possible, but the problem is that we're a bit too scared to do anything definitively because we aren't sure what our liabilities/rights are. The landlord of the current location is not too concerned since leasing mgmt is getting paid either way, and so Friend is constantly tossed from one department to the next without any real answers.

We are all a bit financially pressed and can't afford to break the lease early, but Friend also can't afford to front double rent, and she doesn't want to go to court if she can help it. EvilOne is happy as long as Friend is stressed, and would like nothing more than to gloat over forcing Friend to pay double rent. What would you recommend she do?

 

[army judge]

Unless friend gets a "subletter", friend is responsible for paying the rent in her old apartment until October. She has no choice unless she wants to be sued. But, as I outlined in my other post, friend has some exposure with such a long term arrangement.


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[CyclonsLOL]

Right but she is essentially banking on the fact that if she at least AGREES to a subletter, all will be well. EvilOne is indeed evil, but we can't imagine that she'd be so evil as to evict a new subletter immediately after he/she moves in, even if she may be legally allowed to do so.

 

[army judge]

Right but she is essentially banking on the fact that if she at least AGREES to a subletter, all will be well. EvilOne is indeed evil, but we can't imagine that she'd be so evil as to evict a new subletter immediately after he/she moves in, even if she may be legally allowed to do so.

NO, NO, NO, NO, a thousand and one times, NO!
Evilone won't be able to EVICT "subletter".
"Subletter" can ONLY be evicted by a judge.
The only one who can bring an eviction action against "subletter" is teh landlord.
The landlord is NOT evilone.
The landlord would be the management of teh property.
"Subletter's" rights would be equal to evilone's rights.
"Subletter's" rights would be the same as friend's rights.

What evilone CAN do is make "subletter's" life miserable.
Evilone can make "subletter" want to run away in fear, terrorized by the actions of evilone.
I hope things work out well for you and friend.
But, with evilone lurking, "subletter's" life could be ruined.
That would financially impact friend.
"Subletter" might also prove to be a financially irresponsible person, and coudl also impact friend.
Be careful and select wisely!

 

[CyclonsLOL]

But say the subletter starts to live here because Friend said it was okay (even if EvilOne doesn't want subletter to live with her, necessarily -- even if the subletter is clean/respectful/financially sound/etc).

Would EvilOne be able to file a complaint and get a judge to kick out subletter? Would that cost anything? What would this all entail?

Sorry for all the questions but your responses are very helpful!

 

[pgl116]

But say the subletter starts to live here because Friend said it was okay (even if EvilOne doesn't want subletter to live with her, necessarily -- even if the subletter is clean/respectful/financially sound/etc).

Would EvilOne be able to file a complaint and get a judge to kick out subletter? Would that cost anything? What would this all entail?

Sorry for all the questions but your responses are very helpful!

Just wondering....
Is EvilOne a sixteen year old high school girl I feel like I'm following a teen movie

 

[army judge]

But say the subletter starts to live here because Friend said it was okay (even if EvilOne doesn't want subletter to live with her, necessarily -- even if the subletter is clean/respectful/financially sound/etc).

Would EvilOne be able to file a complaint and get a judge to kick out subletter? Would that cost anything? What would this all entail?

Sorry for all the questions but your responses are very helpful!

Evilone has no say in the matter as long as landlord approves of subletter.

But, Evilone can be mean, cruel, spiteful to subletter. That could make subletter run away. Then Friend will be on the hook for the rent that subletter isn't paying.



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