Can a subtenant back out of a sublease and leave the original leaser responsible because the subtenant believes that the lease was signed on false premises, such as apartment cleanliness? If these beliefs are false, what can the original leaser do to hold the subtenant responsible if she is saying that she is not responsible?
The landlord may sue either or both the subtenant and the tenant for breach of the lease agreement. The tenant will always be ultimately responsible for payment on the lease to the landlord. The tenant may maintain a separate action against the subtenant for breach of contract, in addition to any other cause of action the tenant may have. That would make the subtenant liable to the tenant. However, if the subtenant has an affirmative defense, that may absolve the subtenant of liability under the sublet agreement. I don't think misrepresentation of the cleanliness of the apartment will work here, since the subtenant would have had ample opportunity to inspect and approve the rental unit.
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Construction / Development Lawyer
If the term of the sublease is one year or longer, your rights and obligations will be clearly stated in your sublease. Edward C. Ip www.lawyer4property.com
No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.