My subtenant broke our contract - My rights? (sublease, sublet)

[nc12345]

Hello all, I had planned to sublet my room in a rented house for 2.5 months. Although my original lease states no subletting, I received written permission from the landlord to do so.

After a skype video tour, the subtenant signed, scanned, and emailed a sublease contract with me several weeks ago (no security deposit, rent due on the first day of the leasing period). I signed it, scanned it, and emailed it back to her.

The sublease is to start in six days. She visited briefly yesterday to see the space, said it was great, and left. 30 minutes later, she emails to say that "the atmosphere just doesn't sit right with her" and that she'll be breaking our lease. (But she still wants to buy my bed set, for which she signed a separate contract--so presumably she just found a place she liked better.)

What are my rights in this case? Everything I've read suggests that I should:

> Notify her (via email plus certified mail to her previous mailing address) to inform her that she will be responsible for rent until I can find a new subtenant,

> List the room for a new subtenant,

> Document all these communications and listings, and

> File for the lost rent plus damages in Small Claims Court.


I'm not trying to squeeze money out of her; I had budgeted this money for my move. I'm leaving the state this weekend, and my understanding is that--with a signed contract and supporting documentation--the statute of limitations to file in Small Claims Court is three years.

If anyone can confirm or advise, I would be incredibly grateful. Thank you in advance for your time.

[BullCity75]

In practical terms, you don't really have any recourse. Chances are, the contract you made is unenforceable. Even if everything is air tight, the stakes are too small. Given that she has neither paid a deposit nor rent, nor taken possession of the rental, I'm not sure you technically had a lease.

[CSD610]

State Landlord Tenant Laws

[JONOV]

Originally Posted by BullCity75

In practical terms, you don't really have any recourse. Chances are, the contract you made is unenforceable. Even if everything is air tight, the stakes are too small. Given that she has neither paid a deposit nor rent, nor taken possession of the rental, I'm not sure you technically had a lease.

I agree. This should also go to the Renting forum. Someone there is bound to have more info.

[CHTransplant]

Originally Posted by BullCity75

In practical terms, you don't really have any recourse. Chances are, the contract you made is unenforceable. Even if everything is air tight, the stakes are too small. Given that she has neither paid a deposit nor rent, nor taken possession of the rental, I'm not sure you technically had a lease.

I agree that there's probably not much of a cheap and practical remedy available, but I don't believe it can be said [based on what little we know] that the contract is "unenforceable" or that there isn't "technically ... a lease."

[saturnfan]

Why don't you offer her a cancellation for a reasonable fee. Since you're leaving the state, pursuing any recovery sounds difficult.

She could just try to get continuances if you filed a legal proceeding and wear you out.

Think of it this way. If she destroyed the property or flaked out on the rent, guess who is still on the hook? (look in the mirror). You might try to see if the landlord will release you if they find a new tenant.