QUESTION
Can I get in legal trouble?
Asked on Mar 21st, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I sub-leased my apartment, I asked my landlord for approval first and he said yes. The tenants have been causing trouble and the landlord wants them out so he told them I never had the authority to sub-lease because he never signed the lease I came up with, and he said I was supposed to sign the lease with his agent but he never mentioned this before when I originally asked him if I could sub-lease. They have been leaving there for 20 days now and they said I committed fraud by cashing the check they paid me with and now they say they want all the money back, I told them I would refund them a prorated amount because they have been there for almost a month. So, can I get in trouble because of any of this? I tried doing the right thing but now the landlord says I illegally sub-leased the apartment even though he gave his authorization (not in writing though) it was all over a phone call. Please, I need help! I don't want to end up charged with something.
1 ANSWER
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I would not expect criminal charges. I don't see any crime committed here. The LL is probably right in that you didn't have the authority to sub let the apartment. Usually the lease will prohibit sub letting or will say that to sub let you have to get expressed written permission. Check your lease, if it doesn't say this, then you may not have any issue with the landlord. As for the new tenants. They have no fraud claim against you. Fraud would require them to prove that you knew what you were doing was wrong and mis led them. If you can honestly say you spoke to your landlord and he approved the sub lease then there is no fraud. Further, since they are getting evicted for their own bad behavior, then you probably don't owe them a dime. I suggest you cooperate with your landlord to get these guys out of the unit. In the future, as opposed to sub letting, you should work with your landlord to just have someone take over the lease from him/her.
Answered on Mar 24th, 2013 at 10:28 PM