What to do if I illegally rented out my apartment and that person never paid me the last month’s rent and caused some moderate damage?

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What to do if I illegally rented out my apartment and that person never paid me the last month’s rent and caused some moderate damage?

I was househunting and found a great deal much quicker than I expected, so I bought the house and rented my apartment out to a person I found on craigslist. That person never paid me for the final month of rent/utilities, and caused some moderate damage to the apartment. Unfortunately, we did not have any kind of written agreement. What rights (if any) do I have in this situation? Would I have any chance of being reimbursed for the rent and/or damages if I were to sue in a small claims court?

Asked on May 1, 2012 under Real Estate Law, Indiana

Answers:

Esther Bryan Gayle / Law Office of Esther Bryan-Johnson

Answered 11 years ago | Contributor

You said that you illegally rented out your apartment, I believe you meant that your landlord did not authorized the rental.  If in your state law requires that your landlord be notified before you can do this, then courts do not reward people who break the law.  And if you do not have anything in writing or a witness, even to go before an arbitrator to make your case, then...


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