Sublease. Possible legal options?

Question

State: Massachusetts.

My girlfriend and I are moving out of a four person apartment. Two other individuals are going to be subleasing our share of the property.

While we have drafted up a sublease, it won't actually be signed until the other party moves in, due to time constraints.

I was wondering what possible legal recourses we would have, should they refuse to sign the sublease? It is not technically their property until the sign the sublease, correct? If we run into problems will it be possible to remove them from the premises? And to get our security deposit and last month's rent back?

Thank you for your help,
--Paolo

Answer 1

First off, you need to clear the sublet though your landlord. Landlords always have to approve sublets. In some jurisdicitons they cannot deny the sublet if the sublet tenant is similar to yourself as far as qualifications go. In other jurisdictions, the landlord has a lot of sway and can deny it without giving a reason.

Since there are other people living in the unit as well, it's likely that they'll need to approve your selected tenant as well. A good roommate is a Godsend. But a bad one is hell on wheels. Bringing in a couple of rowdy college students into an apartment with 30-something professionals isn't likely to be appreciated.

If the landlord approves the sublet, do not allow them to move in until they've signed your lease. If you allow them in without a signed lease, you'll automatically have a Tenancy at Will or Month-to-Month agreement. You'd have to evict them through the courts if they refused to sign the lease, and in some jurisdictions you may not even be able to do that if they're paying the rent on time and not trashing the property.

The short answer is that you need to consult with an attorney first. Follow their advice. MA landlord tenant law is complex and many communities have more stringent requirements than contained in state law and must be adhered to.

Answer 2

All the apt properties I have worked do not allow subleasing. They mgmt cannot perform a background check if you the tenant allows this to happen. You will be in default of the rental agreement. Now at times I personally have drawn a 'roommate release' agreement. Provided all parties are at my table at the same time to agree on the removal of a party and install of next. Also provided that the new party completes application, background check, signs lease, and the parties leaving give up rights to deposit and apartment.
Lease agent E. Phx, AZ

Answer 3

1st of all are you sure you can legally sublease the space? Some apartments won't allow this. You better make sure you can do it first. It will usually be stipulated in the original lease whether or not you can and if you can what are your rights and responsibilities.

Answer 4

each and every so often interior the hire, there's a clause that states in case you harm a term of the hire - you are able to desire to pay a value, usually amounting to a minimum of one month's lease. although, considering the fact which you're the two on the hire - i do no longer think of you are able to in my opinion harm your person section. i could touch your landlord directly to make certain what techniques they'll enable for you. truly - they're those which would be implementing it. yet another decision could be to decrease the quantity of lease you're asking. Take the quantity you have been keen to pay your landlord and grant that much less for lease. to illustrate, in case you have been keen to pay your landlord $six hundred to get out of your hire, then only grant $a hundred much less according to month for the sublease ($a hundred according to x 6 months = $six hundred). you will likely locate it lots much less complicated to locate somebody to take over your part of the hire.