1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Canceling lease with subtenant who won't leave

Discussion in 'Commercial Landlord & Tenant Issues' started by JP Ouyang, Jan 15, 2019.

  1. JP Ouyang

    JP Ouyang Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Maryland
    I moved out of a house that I was a tenant in, and I got a subtenant to take my spot (I didn't bother telling the management company because they aren't very responsive to anything. I know this is a breach of contract). However, due to circumstances with how the subtenant is interacting with the current tenants, I decided that I want to end the lease early and pay the termination fee (2 months rent. We're all on the lease together, but the current tenants want to move anyway). When I told the subtenant, she said that she wouldn't leave and that I would need to go to court to evict her. The thing is, I'm not the landlord, and she isn't really allowed to be there in the first place (to be fair, I did have her sign a short paragraph saying that she needed to pay rent if she was going to live there, but given that I'm terminating the actual lease, I'm not sure what this contract means anymore...). Here are my questions:
    1) Is it my job to evict her, or does the management company have to do that?
    2) If the management company does it, will they file an eviction suit against me or the person living there? My name is on the lease, so I'm just wondering if I'll be listed as the one "getting evicted."
    3) Will I get in trouble for her not leaving? What fees will I have to pay beyond the termination fee?
    4) Does she have grounds to stay there given the short little (and questionably legal) "lease" that I had her sign?
     
    Last edited: Jan 15, 2019
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,889
    Likes Received:
    1,576
    Trophy Points:
    113

    Yes. She is your subtenant, you are her landlord.

    If management has to get into this, the court eviction will name everybody including you and the judgment will go on your record.

    Beats me. Whatever the court awards, probably. Could be a lot more than the termination fee.

    Depends on the exact wording of that document. Upload a copy or quote it word for word.
     
  3. JP Ouyang

    JP Ouyang Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    The document says:

    "This document represents an acknowledgement that the new occupant of (the address) has paid first month’s rent ($966.66 in total) and will be responsible for $483.33/month in subsequent months as payment for residency up through July 2019. If the occupant wishes to move out at any time before the designated end point, he/she will be responsible for finding a replacement for the remainder of the leasing period. Rent is due by the 1st of each month; if rent is not paid by the 5th, the new occupant will be required to vacate the premise."

    I'm confused why it's my job to evict her because I'm canceling my lease with my landlord, so does my "lease" with her really mean anything?
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,162
    Likes Received:
    678
    Trophy Points:
    113

    You know what is a breach of contract? Does your lease prohibit subleases? Does it permit subleases but require that you give notice? What does the landlord being not "very responsive" have to do with you not notifying the landlord?

    It is your responsibility to give a proper notice under your state's law that you are terminating the sublease. If the subtenant fails to vacate the premises, then you can file an eviction action. If you don't do that, the landlord will and then pursue you and your co-lessees for the associated costs.

    Since your landlord apparently isn't aware of the subtenant, the eviction action will probably be filed against you and your co-lessees.

    I have no idea what "termination fee" you're talking about. Nor do I know what "get in trouble" means. At the end of the day, you'll probably owe a bunch of money to your landlord and maybe also to your co-lessees.

    I'm not sure what "short little . . . 'lease'" might mean. This person is a subtenant and, even if you didn't have the right under the lease to enter into a sublease, this person will have to be evicted in accordance with your state's laws.

    I suggest you set up a meeting with your co-lessees and the landlord to discuss the situation.
     
    Disabled Vet likes this.
  5. Disabled Vet

    Disabled Vet Active Member

    Messages:
    711
    Likes Received:
    176
    Trophy Points:
    43
    Because.... She doesn't have a lease with the (owner) landlord. You do........ You took it upon yourself to find a replacement without going thru the owner. So this contract YOU wrote up becomes the agreement between YOU and the person you wrote it up for. If you had done it the proper way. Gone thru the owner/landlord then it would fallen back on them.
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,889
    Likes Received:
    1,576
    Trophy Points:
    113

    Yes, it does mean something. It means that she is your tenant and you are stuck with that agreement until July 2019. You cannot terminate her tenancy prior to July 2019 unless it's for cause, as addressed by the MD landlord tenant statute.

    2017 Maryland Code :: Real Property :: Title 8 - Landlord and Tenant

    If the rental happens to be in Baltimore, there are local ordinances.

    http://ca.baltimorecity.gov/codes/02 - PLL.pdf#page=51
     
  7. army judge

    army judge Super Moderator

    Messages:
    30,898
    Likes Received:
    4,409
    Trophy Points:
    113

    I am never ceased to be amazed what people will do to avoid paying their financial obligations.

    Take for instance a lousy $500/month for five or six months, (or a discussing an early termination fee with the landlord) which generally seems to blow up in their greedy faces.

    This then launches them deeper into the financial briar patch than if they'd done the RIGHT thing rather than the expedient thing.

    I long for the time when contracts, obligations, responsibilities had meaning.
     
  8. JP Ouyang

    JP Ouyang Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    So insightful.
     
  9. army judge

    army judge Super Moderator

    Messages:
    30,898
    Likes Received:
    4,409
    Trophy Points:
    113


    Is that how you took that simple musing, mute?

    Sigh
     

Share This Page