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  1. #1
    Join Date
    Apr 2011
    Posts
    6

    Unhappy Landlord is Suing a Subtenant for Unpaid Rent

    Hey Folks,

    I reside in Washington D.C. and I have seemingly run into legal issues regarding subleases. In February, I moved into a condo unit with three other guys. The main guy had already signed a lease with the landlord and then posted an ad for a room for rent on Craigslist (which is how I found him). He did not want me to sign the lease or any documents at all, but I know I need to at least try to protect myself, so I wrote up a sublease agreement and had him sign it.

    After a series of ridiculous events and officially finding out that I was, in fact, illegally subletting, I moved out (June 29th) and had the main guy sign a release from liability agreement.

    Now the landlord is suing all of us for unpaid rents of June and July. We pay on the first of each month, for that month (July rent is paid on July 1st), so I do not believe that I am liable for July rents anyway. Secondly, from what I have been able to understand, I have no direct liability with the landlord, and therefore he cannot sue me for unpaid rents (remember, I was not on the actual lease).

    The court date is in six days (I was never served) so I am trying to figure out my options. I did verify that we have a court date with a quick search through the DC court system. Any ideas?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    If in fact you were a subtenant, with no contractual relationship with the master tenant's landlord, you should prepare and present a defense to the landlord's lawsuit on that basis.

    What do you mean by, "[I] had the main guy sign a release from liability agreement"? Is the "main guy" the master tenant?

  3. #3
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    Did you pay rent to the Landlord directly? Or to the Master Tenant, who then paid the landlord?

    Quote Quoting PurpleGold
    View Post
    Now the landlord is suing all of us for unpaid rents of June and July. We pay on the first of each month, for that month (July rent is paid on July 1st), so I do not believe that I am liable for July rents anyway. Secondly, from what I have been able to understand, I have no direct liability with the landlord, and therefore he cannot sue me for unpaid rents (remember, I was not on the actual lease).
    If you normally paid your rent to the master tenant then you are correct, you have no liability to the landlord.

    You are liable to the master tenant for the rent, atleast for June, possibly for longer. Since we cannot see the sublease agreement, or the "Release from Liability Agreement" we can't tell you if they are enforceable at all. You may well owe him more rent, but this is a seperate issue.

    If you in fact paid rent directly to the Landlord then you may be liable to him, but we will need more information.

    Quote Quoting PurpleGold
    View Post
    The court date is in six days (I was never served) so I am trying to figure out my options. I did verify that we have a court date with a quick search through the DC court system. Any ideas?
    I agree with Mr. KIA, your defense needs to be that you were a subtenant, and have no liability to the landlord. You may want to bring the sublease agreement, however you probably won't need it as once you explain you were never his tenant the burden would be on the Land lord to show you are in fact liable for the rent.

  4. #4
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    Thank you both for your quick replies.

    "The main guy" = the master tenant. I am attaching the sublease and release agreement that I drafted and had him sign - the sublease in January, and the release a few weeks ago. These agreements were solely between the master tenant and myself (I later found out the landlord had no clue I was subleasing, hence once of my many reasons for wanting to get out).

    I never paid the landlord, just the master tenant. I always paid by check so I can print off the carbon copy form the bank's website. The master tenant and landlord have been feuding with each other for quite some time and are both pretty irrational guys. I guess that explains the landlord thinking he can sue me. It's a headache.

    We moved out on the 29th of June. Rent for July is due July 1st. The master tenant filled my room the day I moved out. Is there any way that I may be liable for July rents?

    I appreciate your replies!!

    P.S. Let me know if the links do not work. Thanks!

    [IMG][/IMG]

    [IMG][/IMG]

  5. #5
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    I have a gut feeling that the release of liability wouldn't do you much good, but unless there is some sort of debate over the Security deposit then I doubt it will matter anyway.

    Quote Quoting PurpleGold
    View Post
    We moved out on the 29th of June. Rent for July is due July 1st. The master tenant filled my room the day I moved out. Is there any way that I may be liable for July rents?
    No, since the room was filled it won't be an issue, had he not been able to fill the room you may have been on the hook if you did not give 1 month's notice. Since the room was filled I doubt he has any damages he could try to recover from you.

    I don't think you have much to worry about here, make sure you go to court, you don't want a default judgment issued because you weren't there. If it happened you may have recourse anyway since it does not appear you were served properly. However it will be much less of a headache if you just go to court on the date you found online and testify that you were not the land lord's tenant, and you never had a lease with him, that you were instead a subtenant.

    You shouldn't need anything in court since the burden of proof is on the Landlord to prove that you owe him money. However I would recommend bringing the documents you scanned, as well as copies of the checks for rent, security deposit, and the deposit refund. None of this should be of any interest to the court, but the 20 minutes it will take you to gather this stuff will be well spent incase the Master Tenant, or landlord does anything unexpected.

  6. #6
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    Thanks for the reply Brown.

    The release from liability, as you stated, will not be very useful in this case, but I am going after the master tenant for my deposit so that's where it will be useful (I hope).

    Even if the room hadn't been filled, why would I be on the hook from the landlord? Wouldn't I only be on the hook from the master tenant? And since the master tenant released us from the liability, doesn't that waive the requirement to provide 30 day notice?

    I also have a text message from the master tenant stating he needs "2 day notice prior to moving out.," so I assume that could also be helpful if it got to that point.

    Anyway, I really appreciate your help on this. I am contemplating picking up an attorney just so that I can focus on the more important things in life

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Landlord is Suing a Subtenant for Unpaid Rent

    When you are a subtenant your potential liability for moving out early is to your landlord, the master tenant.

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