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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Sublease Agreement Expired - Roommate Moves Out

    My question involves a roommate in the State of: New York

    I am the leaser of an apartment where 4 people are living. I subleased for the 3 remaining people. The lease that I signed with the tenant expires August 31, 2009.

    One of the roommates is planning to move out at the end of June 09 and wants to sublease her room as per end of June 09. She offered to guarantee for the payments of the sub-leasant that is well known to her. The problem now is that another roommate does not want to have somebody new in the apartment.
    The other roommate categorical rejected her offer to search for somebody new for the last two months and wants her to pay until end of August 09 (until the lease expires).

    The leaving roommate does not accept this and confronted me that our sublease agreement is not valid anymore- it expired one year ago (Lease is still valid, but Sublease expired in Aug 2008) and was never renewed. She wants to move out at the end of June and gives me the option to accept to sublease her room for the 2 remaining months or move out and we have to cover her July and August rent. What is my legal situation?

    Is she allowed to sublease her room even without our agreement?

    She is requesting her deposit back as she does not have a valid contract and therefore no commitment to pay until the end of the lease. Is it true that the rent is only renewed monthly when there is no legal contract?

    How long does she need to give me notice in advance that she moves out?

    When she moves out end of June, can we keep her deposit to cover the July rent? But I have to admit there are no unpaid rents or expenses outstanding (everything is paid until June 09).
    Thank you and Kind regards,

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

    Default Re: Sublease Agreement Expired - Roommate Moves Out

    Your rights are governed by the lease agreement. If rent is paid monthly, the lease expired and she went month-to-month, she's a month-to-month tenant and can move on 15 days notice. We can't read your lease, so we have no way to determine whether it includes a renewal provision or notice provisions following the expiration of the initial lease terms that might affect your tenant's rights under law.

    Whatever the situation, if she's found a suitable replacement tenant, your unreasonable rejection of the replacement tenant would normallyend her obligations to you. "The proposed replacement tenant is fine with me, but one of my other subtenants won't agree to anybody"? That's not a reasonable basis for rejecting a replacement. We have no way of knowing if anything in the lease still applies, and would modify the subtenant's right to propose a replacement tenant given that this is a shared living situation.

    As her landlord, you should both understand and follow Florida's security deposit law.

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