QUESTION

What can I do if I had a verbal agreement to sublease an apartment for a year and the actual tenant is threatening to give 30 day notice?

Asked on Jul 08th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
Due to my rental history a childhood friend offered to get a place in his name, I have been paying all rent, application fees, etc. money orders from my bank account. Leaving the property management office he handed me the key and all of the paperwork. He is now threatening to give 30 day notice and the contact actually would terminate the end of October of this year. The property manager is aware that I am here. My 16 year old is on the lease but the actual person that leased has never even spent a night here. Do I have any rights on a verbal sublease?
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4 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You have the same rights as any other tenant. So my question is WHY is he threatening to give you a 30 day notice? You do not give enough information about why ... A verbal lease (or sublease in this instance) can be for any term up to a year (more than a year requires a signed writing). Since he rented the apartment specifically for you to occupy (which is re-enforced by the fact that your son is noted on the lease), a court would most likely hold that your verbal sublease was for the entire term of the underlying lease. With that assumption he would need CAUSE to terminate your sublease. If he terminates your sublease is he going to pay the lease? He will be liable to the landlord for rent until October unless the landlord can re-rent the property.. so terminating your sublease may have adverse consequences for him. This reinforces my assumption that he must have some reason.
Answered on Jul 09th, 2014 at 2:58 PM

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You have added some more information from your original posting. Is the rental agreement with your friend month to month or a year lease; when does that term end? Speak to the landlord to see if he will rent to you or not. His agreement to rent the place out is with your former friend so he probably does not owe any duty to you. You do have a claim against your former friend if you have to move before October, but he may be judgment proof. Point out to him that his ending your occupancy early would subject him to suit and would have no benefit to him except to make you problems, which is not worth the problems it causes him.
Answered on Jul 09th, 2014 at 2:58 PM

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You definitely have grounds to enforce the sublease with the actual tenant. You might also have a constructive unwritten sublease with the Landlord since the property manager is aware of your situation. I suggest that you contact the property manager about entering into your own lease since you have been paying on time.
Answered on Jul 09th, 2014 at 1:25 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Is the sublease in writing, and have you been keeping all of the terms and been absolutely timely and proper. As a practical matter, as the property manager is aware that you are the actual tenant perhaps, regardless of your previous rental history, it would make a recommendation that a lease be entered into with you.
Answered on Jul 09th, 2014 at 12:35 PM

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