Subtenant Left Without Notice - Owes Rent

[jones401]

My former roommate (whom I will call 'Tenant 1') and I sublet our apartment to Subtenant A and Subtenant B for the remainder of our lease, as we were moving out of state and would not be returning to the unit.

-We sublet our apartment WITH our landlord's permission, and Subtenant A and Subtenant B signed a lease agreement identical to our own, and the sublease addendum provided by our landlord.

Last month, Tenant 1 and I found out that Subtenant B, had moved out without providing any notice to us nor the landlord, leaving Subtenant A still occupying the apartment, but no longer able to pay full rent.

I just received an email notification today about rent owed from the landlord addressing myself, Tenant 1, and Subtenant B (the subtenant who left w/o notice), which I take as his name still being on the lease. We have not been able to communicate with Subtenant B at all, and neither us nor his former roommate are sure of how much he has been communicating with the landlord, if at all.

What's the best way that Tenant 1 and myself can start addressing this issue?

To be honest, I don't know what I or Tenant 1 is liable for VS. what the vacated Subtenant B is liable for VS. the remaining Subtenant A VS. the landlord.

 

[army judge]

When you sublet to a deadbeat, you're stuck for what the deadbeat doesn't pay, if the landlord sues.
You can then try to sue the deadbeat.
Subletting doesn't relieve YOU of your original obligation for the ENTIRE term of the lease.
Ask for an accounting, then pay it.
If you don't, you'll probably be SUED & EVICTED leaving you unable to rent decent digs for 40-50 years, if ever!
This is why you don't sublet.
It often ends with YOU holding the bag for a deadbeat.
There are reasons deadbeats sublet.
They've ruined their credit, and then they ruin yours!

 

[Betty3]

The landlord is entitled to his money. The people on the original lease are still responsible for payment. If you don't pay, the LL can sue you for any rent owed. You can try & get some money back from the person who moved out but you will have to sue them.

 

[jones401]

Thank you, armyjudge, Betty3 --

Taking another look at the situation, I see now we are liable for the rent owed to the landlord in the end; we are lucky that we are only one month behind, and I am speaking with the current subtenant and the landlord today to remedy the accounts and repair our relationship.

It had just been very confusing, as the subtenants had been paying rent to the landlords directly, as per the addendum we were given, and the landlords had strongly given the impression that we were "off the hook" when the papers were signed.

However, to my understanding, Subtenant B is still liable to myself and Tenant 1, the original tenants, to follow the lease agreement which was breached when he left without proper notice. I guess our best hope would be to start building a case to recover what damages we can.

Lesson learned: I will definitely fight to formally and completely reassign the lease next time versus accepting a sublease.

 

[army judge]

Don't get too excited about reassigning a lease. Think carefully, why would the landlord agree? Most of the time, a landlord won't agree. It's too risky. As I said, stop subletting, it's far too risky because subletters tend to be extremely poor risks.