Can I go to small claims court to have a secondary lease agreement upheld?
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Can I go to small claims court to have a secondary lease agreement upheld?
I found a post on a housing group for my school on facebook that advertised,
Asked on December 28, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The "secondary lease" is not a lease, since you are not subleasing to her and she has no right to modify the lease you entered into between you and the landlord.
It is a contract, however, and if she breaches the contract by not finding someone to take over the lease from you, you can sue her for all the amounts you have to pay--that is, for the rent for the remainder of your lease term. (Remember: you are liable to the landlord under the lease you signed.) If that amount is under the small claims limit, you can sue her in small claims.
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