Am I entitled to compensationif I got evicted becausethe person I subleased from never paid rent with the moneythat I paid them?

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Am I entitled to compensationif I got evicted becausethe person I subleased from never paid rent with the moneythat I paid them?

We subleted an apartment, paid our rent every week, and paid a deposit. We were not behind at all, then the person that we were subletting from notified us we were all being evicted and that we only had a week to move out. We contacted the actual landlord and found out the she did not know we were living in the apartment and that out of the five months we were there had only received 2 weeks of rent from the actual tenant. Now we are behind in bills because it cost us over $2,000 to find a new apartment on such short notice.

Asked on November 20, 2010 under Real Estate Law, New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

How terrible for you.  Did you have a sublease with the actual tenant?  Or was it an oral month to month lease?  A lease is a contract and you lived up to your end of the contract.  She breached the agreement with her landlord to pay the rent and with you to pay it on your behalf.  Perhaps that is because the landlord does not allow subleasing the apartment and she did it behind her back.  But you have a right to sue based upon your sublease. Your action would be against your landlord and not the owner/landlord to the main tenant.  What you will be able to recover is unclear but try it all. Good luck.


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