Possible to legally sublet without needing landlord's permission?

[sethmachine01]

You didn't meet with an attorney?

Legal aid was supposed to come in on the 1st, but was delayed because of a clerical error until today. I made contact with 2 Lawyers, but neither were available.

In the situation that I did pay the tenant for 1st month's rent, but leave because of the illegality and after having sought legal counsel, is it possible for me to cancel the payment, e.g. if it was by check but not yet cashed? Would the tenant try to come after me for that?

 

[quincy]

Legal aid was supposed to come in on the 1st, but was delayed because of a clerical error until today. I made contact with 2 Lawyers, but neither were available.

What are you doing for living space right now? Are you in the apartment? Have you attempted to contact the landlord (the better option for you than an attorney, quite frankly)?

If you paid rent to the other tenant, you can sue for its return if he does not return it voluntarily. I am not sure you will ever see that money again, though, if the tenant did not give the money to the landlord for rent.

 

[sethmachine01]

What are you doing for living space right now? Are you in the apartment? Have you attempted to contact the landlord (the better option for you than an attorney, quite frankly)?

If you paid rent to the other tenant, you can sue for its return if he does not return it voluntarily. I am not sure you will ever see that money again, though, if the tenant did not give the money to the landlord for rent.

I've been in the apartment for several days, but am considering leaving tomorrow, as I'd like to make my tenancy legal.

I paid the tenant in a check, and the tenant has not cashed it in yet. I can do a stop payment on the check--if this stops the payment, could the tenant attempt to sue me? I simply only want to pay for the days I've actually lived there.

 

[FarmerJ]

just go talk to the actual landlord ! at the worst he/she will appreciate your coming forward and decline you anyway but even at that , they cant make you leave until giving you proper notice to get out.

 

[PaulMass]

I paid the tenant in a check, and the tenant has not cashed it in yet. I can do a stop payment on the check--if this stops the payment, could the tenant attempt to sue me?

S/he could sue you or file an application for a criminal complaint for larceny by check. If it's over $250 it can be charged as a felony. That won't look very good on your CORI.

 

[sethmachine01]

received legal advice

I've consulted with two lawyers in regards to this situation.

One lawyer tells me that I would be considered a trespasser and could me made to vacate immediately. This lawyer's advice is to ask the tenant for the landlord's permission, otherwise I could risk eviction.

The second lawyer has given me oral and written advice contrary to the first lawyer. This second lawyer advises me not to have the landlord become aware of the situation. In this lawyer's own words:

I would probably not bring the situation to the attention of the landlord. You are in occupancy. The rent is being paid. The landlord cannot use self help to eject you. The landlord would have to go to court and obtain a judgement for possession, which as long as the rent is current is not a likely course of action on their part.

I've gotten conflicting legal advice. Is the second lawyer wrong? If it helps, the second lawyer has expertise in tenant-landlord law, while the first lawyer did not specialize in it. Do I consult a third lawyer?

 

[quincy]

I've consulted with two lawyers in regards to this situation.

One lawyer tells me that I would be considered a trespasser and could me made to vacate immediately. This lawyer's advice is to ask the tenant for the landlord's permission, otherwise I could risk eviction.

The second lawyer has given me oral and written advice contrary to the first lawyer. This second lawyer advises me not to have the landlord become aware of the situation. In this lawyer's own words:



I've gotten conflicting legal advice. Is the second lawyer wrong? If it helps, the second lawyer has expertise in tenant-landlord law, while the first lawyer did not specialize in it. Do I consult a third lawyer?

I agree with the first lawyer and the second lawyer appears to be an idiot. I don't know why you want to consult with a third lawyer - you seem to be doing what you want to do anyway, regardless of what anyone tells you.