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sublease break

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Old 01-18-2008, 04:23 PM     #1
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Question sublease break

Had a person to sign a sublease agreement with me and the property manager, but the person has failed to take occupancy. Did the form need to be notorized? Everyone signed--the LL, me , the subleaser, my 3 roommates. The form was faxed to the LL. A deposit of 75.00 was not remitted to the LL by the subleaser. Do you see any pitfalls to winning this one in small claims court?
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Old 01-18-2008, 09:20 PM     #2
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Default Re: sublease break

Are you the original tenant on the lease? And you wish to know if you can sue the one who signed a sublease agreement? You certainly can, especially since you are still on the hook for the entire lease amount yourself. Under a sublease, your obligation doesn't end just because someone is found to sublease the unit. If that person fails to fulfil their obligations, as this one did, you are still obligated to continue making the payments. Continue with your lease obligations, find another person to sublease, then pursue the one who signed the sublease agreement with you and the PM for the rent until you can find another person to sublease. That person owes you for the rent you should not have to be paying right now.
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