Possible to legally sublet without needing landlord's permission?

[sethmachine01]

What is the name of your state (only U.S. law)? Massachusetts

I am planning on signing a sublet agreement as the sublessor. The rental is in a more upper scale, professional housing community.

I looked up a bit of stuff on illegal sublets, and it appears almost always the subtenant needs the landlord's permission to sublet.

I asked the subtenant, but she told me that it wasn't necessary for her to get the landlord's permission, because she "holds the contract."

Given this, is there a chance the subtenant wants to avoid going through the bureaucracy to get a sublessor and actually this sublet could be illegal?

On the sublet agreement, should I ask the subtenant to state that to her knowledge the sublet is legal and/or she does not need permission to sublet her rental? Or could I be held liable if I suspected the sublet to be illegal, even though I was told by the subtenant it was not (why would I have any reason to doubt it?).

I am going to be getting professional legal help soon, but I can't talk to a lawyer until the 1st of February.

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

I am planning on signing a sublet agreement as the sublessor. The rental is in a more upper scale, professional housing community.

I looked up a bit of stuff on illegal sublets, and it appears almost always the subtenant needs the landlord's permission to sublet.

I asked the subtenant, but she told me that it wasn't necessary for her to get the landlord's permission, because she "holds the contract."

Given this, is there a chance the subtenant wants to avoid going through the bureaucracy to get a sublessor and actually this sublet could be illegal?

On the sublet agreement, should I ask the subtenant to state that to her knowledge the sublet is legal and/or she does not need permission to sublet her rental? Or could I be held liable if I suspected the sublet to be illegal, even though I was told by the subtenant it was not (why would I have any reason to doubt it?).

I am going to be getting professional legal help soon, but I can't talk to a lawyer until the 1st of February.

What can and can't be done should be spelled out in the lease agreement that was signed by the tenant and the landlord.

I have no idea what the subtenant means when she says she "holds the contract."

I would speak to the landlord directly before subleasing, or wait to speak to your lawyer on February 1, before agreeing to or signing anything with the subtenant.

 

[sethmachine01]

What can and can't be done should be spelled out in the lease agreement that was signed by the tenant and the landlord.

I have no idea what the subtenant means when she says she "holds the contract."

I would speak to the landlord directly before subleasing, or wait to speak to your lawyer on February 1, before agreeing to or signing anything with the subtenant.

I will hopefully be able to see the original lease agreement to verify.

I'm not really in a position to wait until February 1st, because I need to live in the area in order to commute to work and there's no housing options currently available.

I have no reason to believe the subtenant is lying.

If I do pay for the 1st month but it turns out the sublet is illegal, would I be given back that money or be allowed to stay for the month?

 

[quincy]

I will hopefully be able to see the original lease agreement to verify.

I'm not really in a position to wait until February 1st, because I need to live in the area in order to commute to work and there's no housing options currently available.

I have no reason to believe the subtenant is lying.

If I do pay for the 1st month but it turns out the sublet is illegal, would I be given back that money or be allowed to stay for the month?

If the sublease has not been approved by the landlord, there is no guarantee you will be given back any money.

If you do not have the opportunity to speak to an attorney in your area before February 1 (which is only 5 days away but, as a note, is also a Sunday), I recommend you speak to the landlord directly before committing to the sublease.

 

[PaulMass]

Welcome to Massachusetts - possibly the home of the most tenant friend courts in the country.

The common law rule is that contracts (including leases) are freely assignable.

If the owner has an issue with his tenant (your landlord) subletting the place because it violates the terms of that lease, his recourse is to evict his tenant (your landlord) and all occupants (you). Step 1 in the eviction is a 30 day notice to quit, so it's almost impossible that you will become homeless during the month of February. However, the housing court proceedings are all online now, so all a prospective landlord needs to do is look to see if you've even been named in an eviction proceeding before.

This is really an issue between the owner and his tenant.

If you are near a housing court (Pittsfield, Fall River, New Bedford, Taunton, Lawrence, Salem, Lynn, Greenfield, Springfield, Hadley, Lowell, Marlborough, Brockton, Plymouth, Boston, Worcester, Dudley, Leominster) you can probably head there and see if there's a legal aid attorney standing around.

 

[quincy]

Welcome to Massachusetts - possibly the home of the most tenant friend courts in the country.

The common law rule is that contracts (including leases) are freely assignable.

Could you please explain that statement, Paul?

Some contracts are not assignable at all and many (if not most) housing leases will have a clause that states the tenant agrees to obtain the written consent of the landlord prior to permitting other individuals to reside in the rental unit. Failure to comply can result in the termination of the occupancy.

It is important to know what the lease between the original tenant and the landlord says before agreeing to a sublease. I am sure sethmachine01 does not want to move into the unit only to face eviction.

Here is a link to legal services in whatever area of the state you happen to reside, sethmachine01, although you probably should not expect to find an attorney to help you before you can see your other attorney on Sunday (or, more likely, Monday): http://www.masslegalservices.org/FindLegalAid

 

[sethmachine01]

I got a copy of the tenant's lease, and it does explicitly require the landlord's written consent for subleasing.

So since this sublet agreement would break the terms of the original lease, would that be grounds for eviction immediately? And would I have any recourse to recoup money/damages (e.g. I need to live in the area to work)?

Is it possible to turn an illegal sublease into a legal one, e.g. I do the illegal sublease, and then contact my lawyer on Monday, explaining the situation. Could it get resolved that way?

The tenant is worried that the landlord won't consent in time of February 1st, and so would have to pay that rent.

If it helps, I have 700+ credit, good income for my age bracket (~$80,000 annual salary), no criminal background / issues, and work full time.

I have no signed anything yet nor moved in.

I understand I can't be provided actual legal advice I can count on or hold someone liable for, but I really do want to live in this place, and there isn't a whole lot of time left.

 

[Silverplum]

I got a copy of the tenant's lease, and it does explicitly require the landlord's written consent for subleasing.

So since this sublet agreement would break the terms of the original lease, would that be grounds for eviction immediately? And would I have any recourse to recoup money/damages (e.g. I need to live in the area to work)?

Is it possible to turn an illegal sublease into a legal one, e.g. I do the illegal sublease, and then contact my lawyer on Monday, explaining the situation. Could it get resolved that way?

The tenant is worried that the landlord won't consent in time of February 1st, and so would have to pay that rent.

If it helps, I have 700+ credit, good income for my age bracket (~$80,000 annual salary), no criminal background / issues, and work full time.

I have no signed anything yet nor moved in.

I understand I can't be provided actual legal advice I can count on or hold someone liable for, but I really do want to live in this place, and there isn't a whole lot of time left.

Re-read your first sentence, quoted above this response and helpfully bolded, several times.

 

[sethmachine01]

Re-read your first sentence, quoted above this response and helpfully bolded, several times.

So I think you are saying there would be no recourse / negotiation for the illegal sublet.

In that case, is it possible for the tenant to arrange for a sublease if they are out of the state/country, and can't actually physically meet with their landlord?

 

[quincy]

I got a copy of the tenant's lease, and it does explicitly require the landlord's written consent for subleasing.

So since this sublet agreement would break the terms of the original lease, would that be grounds for eviction immediately? And would I have any recourse to recoup money/damages (e.g. I need to live in the area to work)?

Is it possible to turn an illegal sublease into a legal one, e.g. I do the illegal sublease, and then contact my lawyer on Monday, explaining the situation. Could it get resolved that way?

The tenant is worried that the landlord won't consent in time of February 1st, and so would have to pay that rent.

If it helps, I have 700+ credit, good income for my age bracket (~$80,000 annual salary), no criminal background / issues, and work full time.

I have no signed anything yet nor moved in.

I understand I can't be provided actual legal advice I can count on or hold someone liable for, but I really do want to live in this place, and there isn't a whole lot of time left.

If you make an agreement with the tenant, this agreement does not legally bind the landlord if the landlord has not agreed to your occupancy. The tenant will have breached his own lease agreement. Bad things will then happen to both the original tenant and to you, if you have moved in without permission.

The way to legally move into the apartment is for the original tenant to contact the landlord and, with his permission, either have you sign to take over the lease (which, as a note, does not necessarily release the first tenant of any liability nor guarantee the first tenant will get a refund of his security deposit) or sign a lease of your own with the landlord (which then would release the other tenant of any liability). If you were to move into one of my rentals without my consent (and without a background check having been completed), I would not want to offer you a lease or rent to you again, period, regardless of your great credit score, good income and a clean check. Whether this landlord would rent to you under those conditions is something I can't tell you.

A good credit score can plummet dramatically, by the way, with an eviction and you will have a harder time locating another landlord in the future willing to take a risk on you as a tenant. I think it is not at all smart to put yourself in the position where you can be (and have a good chance of being) evicted.

The choice is ultimately up to you. You have already heard MY recommendation several times.

 

[sethmachine01]

The lease provides a provision for guests, defined as a person invited by a tenant to stay in the property. Guests are allowed to stay for up to 2 weeks per month. Afterwards, if a guest is in violation, the landlord can decide to pursue eviction or accept the guest as an additional tenant (to be added to the lease).

I was invited to stay at the apartment and so if I don't stay longer than 2 weeks, I don't see how I could be evicted.

 

[FarmerJ]

Seth so you know, eviction is not the same as being told via proper ()written ) notice from a landlord to get out Many LLs would on discovery that you were in a unit they owned even though you had a sublet agreement might choose to put the original tenant on notice that they must correct this violation of the lease ( when lease forbade sublets) and then they might choose to give you a john doe notice, if they don't have your name (if john doe notices are allowed in your state) and in the notice they would simply tell you to vacate and if you didn't move out by the end of the notice (proper notice on paper , the actual LL can choose to file with the court to ask the courts to order you out if you were given proper notice to leave. That's how a court record that might include your name could later haunt your ability to find nicer housing. So in the end here both you and the original tenant should meet with the LL and see about getting original tenant off the lease and you into a new lease with the LL. That would be the cleanest way.

 

[sethmachine01]

The issue is a bit more complicated, as the original tenant violated the lease even before subletting. The lease forbids moving out without informing the landlord, but the tenant did so. The tenant cannot physically meet with the LL as the original tenant is no longer remotely close to the area.

Even if the LL fails to discover the sublet violate (e.g. the building is empty), they will immediately know the tenant violated the move out clause once the tenant contacts them about handing over the lease and/or subletting for the remainder of the lease agreement.

 

[Silverplum]

The issue is a bit more complicated, as the original tenant violated the lease even before subletting. The lease forbids moving out without informing the landlord, but the tenant did so. The tenant cannot physically meet with the LL as the original tenant is no longer remotely close to the area.

Even if the LL fails to discover the sublet violate (e.g. the building is empty), they will immediately know the tenant violated the move out clause once the tenant contacts them about handing over the lease and/or subletting for the remainder of the lease agreement.

You didn't meet with an attorney?

 

[quincy]

The issue is a bit more complicated, as the original tenant violated the lease even before subletting. The lease forbids moving out without informing the landlord, but the tenant did so. The tenant cannot physically meet with the LL as the original tenant is no longer remotely close to the area.

Even if the LL fails to discover the sublet violate (e.g. the building is empty), they will immediately know the tenant violated the move out clause once the tenant contacts them about handing over the lease and/or subletting for the remainder of the lease agreement.

Can we assume that you failed to follow any of the advice already provided and that you have already moved into the apartment?

You said earlier that you had no reason to believe the subtenant is lying. I think you have no reason to believe the subtenant is someone you can trust. The landlord certainly can't trust him.

Speak with an attorney in your area if for some reason you feel the need to avoid speaking with the landlord (which would be the recommended course of action if you want to rent the apartment).