Law School Discussion

shamelessly requesting free legal advice

ckk

shamelessly requesting free legal advice
« on: June 18, 2006, 12:47:02 PM »
hey y'all, i'm from over in the pre-law board, and i'm hoping somebody might be able to help me out.

according to my landlady, the guy who is subletting my apartment has been making noise about refusing to vacate my apartment by the date he said (in writing) that he would. i have emailed the guy, but haven't gotten a response yet.  in the meantime, i have been trying to determine the legal remedies available to me.

i could have him evicted, but this is a drawn-out process.  i would have to serve him with a notice to quit, and give him till midnight on the day he originally agreed to leave the apartment.  i couldn't start court proceedings until after midnight on that date.  problem is, my lease is up twenty four hours after he is supposed to leave, and if he's still there by then, i could get in trouble.

things would be much easier if i could just call the cops and have him arrested for trespassing if he's not gone by the time the subleasing agreement says he should be.  but i don't know whether or not the trespassing laws in connecticut permit this.

anybody have any ideas, or better yet, first hand experience?

thanks.

njgal

Re: shamelessly requesting free legal advice
« Reply #1 on: June 18, 2006, 12:54:18 PM »
**disclaimer -- not an attorney, so not qualified to give advice, :)

but here's my two cents anyway--

since he's just a subletter, i would doubt that you have to go through the legal eviction process. i could be totally off base, since i know nothing about connecticut law and am merely a law graduate studying for the bar. but since he is your sublessee, the contract is between you and him, not him and the landlord. i would think that you could just get in there when he's not there and change the locks or something. he's not on the lease; you are.

J D

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Re: shamelessly requesting free legal advice
« Reply #2 on: June 18, 2006, 01:30:47 PM »
Most of us are not attorney's and cannot give legal advice.  This goes for those of us who are studying for the bar as well.  Go talk to an attorney who specializes in landlord-tenant.  S/he is the only one who can really help you.

Re: shamelessly requesting free legal advice
« Reply #3 on: June 18, 2006, 01:54:16 PM »
**disclaimer -- not an attorney, so not qualified to give advice, :)

but here's my two cents anyway--

since he's just a subletter, i would doubt that you have to go through the legal eviction process. i could be totally off base, since i know nothing about connecticut law and am merely a law graduate studying for the bar. but since he is your sublessee, the contract is between you and him, not him and the landlord. i would think that you could just get in there when he's not there and change the locks or something. he's not on the lease; you are.

Nope. That would get you in trouble, probably in every state. You can't get rid of his stuff or change the locks without a court order. Moreover, the police/ sherrif will not have anything to do with you on this one. You're supposed to get rid of a tenant through the court system.

But I must ask. Why do you care? You say your lease is up a day after your sublesee's lease is up. If there is someone living in the place after your lease is up, that's not your problem; it's the landlords problem. If the rent is paid, you really shouldn't care about any of this.




ckk

Re: shamelessly requesting free legal advice
« Reply #4 on: June 18, 2006, 02:53:19 PM »
my landlady told me that i would be legally responsible if the subletter was still there when it was time for the new tenant to move in. is she lying?  (she actually threatened to sue me over this on my voicemail-- she's a piece of work.  i wouldn't put it past her to lie.)

and yes, of course i know that none of you are attorneys.  this is informal, and you have my word that i ain't gonna sue no one for giving misleading advice.

Re: shamelessly requesting free legal advice
« Reply #5 on: June 18, 2006, 03:18:48 PM »
my landlady told me that i would be legally responsible if the subletter was still there when it was time for the new tenant to move in. is she lying?  (she actually threatened to sue me over this on my voicemail-- she's a piece of work.  i wouldn't put it past her to lie.)

and yes, of course i know that none of you are attorneys.  this is informal, and you have my word that i ain't gonna sue no one for giving misleading advice.

It seems right that she has an action against you if your subletter is still there, you are liable for him and his actions ultimately, at least as I recall from Property Law.  Of course seeking the advice of a lawyer is your best option.

Re: shamelessly requesting free legal advice
« Reply #6 on: June 18, 2006, 03:45:18 PM »
Read your lease and the sublessor's lease carefully, looking for anything about holding over or retaining possession beyond the term of the lease. If there is no term holding you responsible for a hold-over, then yes, the landlord is a liar (or, more likely, indifferent about the law).

There is no privity of contract between you and the landlady once the lease is up. Therefore, she has no legal remedy against you. Moreover, there is no privity of estate between you and her if your deadbeat sublessor is in possession. Therefore, there is absolutely no way that you are on the hook (absent a specific contractual provision to the contrary).

I would blow this off and laugh if I were you.

Re: shamelessly requesting free legal advice
« Reply #7 on: June 18, 2006, 03:50:19 PM »
my landlady told me that i would be legally responsible if the subletter was still there when it was time for the new tenant to move in. is she lying?  (she actually threatened to sue me over this on my voicemail-- she's a piece of work.  i wouldn't put it past her to lie.)

and yes, of course i know that none of you are attorneys.  this is informal, and you have my word that i ain't gonna sue no one for giving misleading advice.

It seems right that she has an action against you if your subletter is still there, you are liable for him and his actions ultimately, at least as I recall from Property Law.  Of course seeking the advice of a lawyer is your best option.

This is absolutely true in the sense that a tenant is liable if his sublessor doesn't pay rent. However, rent is not the issue here. Possession is. One day after the sublessor here becomes the original lessor's problem, he instead becomes the landlord's problem. The deadbeat is trespassing on the landlord's possession interest in the property. The OP has no such interest in the property at that point.

Lenny

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Re: shamelessly requesting free legal advice
« Reply #8 on: June 18, 2006, 04:05:44 PM »
Looks like some people have been studying for the bar and just had the MBE property lectures - privity of estate, privity of K, holdover, oh my!

As of right now, you are on the hook to your landlady for any damage the guy does while there or any nuisance he causes.  He, in turn, is on the hook to you as a result of the sublease agreement.  Moreover, it is incorrect to say that once your lease ends, you are off the hook.  The lease term ending doesn't somehow immunize you for stuff that iccured during the lease term.

Your best bet is to try to get in touch with this guy - do you have friends in the area that can go by and see what the story is?

Re: shamelessly requesting free legal advice
« Reply #9 on: June 18, 2006, 04:27:12 PM »
The lease term ending doesn't somehow immunize you for stuff that iccured during the lease term.


No, but it does "immunize" him from having to get rid of this guy. Again, the situation does not appear to include damage to the property or unpaid rent. The only issue is whether the landlord has some theory to recover on against the OP for the sublesee's holding over. There is no such legal theory. This situation is exactly why a landlord is supposed to prohibit subleasing (or leave herself discretion to reject specific sublessees). If a sublessor hangs around, she's SOL.