If I sublease my apartment and the new tenant fails to pay, can I kick him out immediately? 9 Answers as of January 17, 2014

Would I be responsible for any remaining rent on that agreement or the person who signed the sublease?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
You need to commence the eviction process to "kick him out". You remain liable.
Answer Applies to: New York
Replied: 1/17/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If you sublease the apartment you have to treat that person as a tenant and go through the same eviction proceedings your landlord will and yes unless the landlord agrees in writing to allow you out of the lease you are responsible if your subtenant breaches the lease.
Answer Applies to: Michigan
Replied: 1/15/2014
William Bidwell, Attorney at Law | Bill Bidwell
You can evict the tenant but must go through procedures by filing a quit notice. If the tenant fails to vacate, then you will have to go through district court, get a hearing, and an order; you can also sue for any deficient rent. It is best to see whether the landlord will release you from the lease.
Answer Applies to: Michigan
Replied: 1/15/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
You have the right to evict a subtenant in the standard manner, which requires a notice to pay rent or quit, followed by an eviction action. You remain liable for always payments due under the lease, unless the landlord released you from liability in connection with approving the substance.
Answer Applies to: California
Replied: 1/15/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
No, you have to follow the same rules any landlord would to evict a tenant. And yes, you are liable to the owner for the rent.
Answer Applies to: Idaho
Replied: 1/15/2014
    The Krone Law Firm, LLC | Norman B. Krone
    You can take immediate action to terminate the sublease, depending on its wording. You will owe the remaining rental unless your landlord consented to the sublease and stated that you would not be responsible in the event of the subtenant's default.
    Answer Applies to: Florida
    Replied: 1/15/2014
    Law Office of James A. Anton | James Anton
    As the party who signed the lease, you are responsible for all rent. If your subtenant does not pay rent, you are still required to pay the rent to the landlord. If your subtenant does not pay, then you can serve the subtenant with a 3 day notice to pay rent or quit and if rent is not paid within 3 days you can file a lawsuit for unlawful detainer to begin eviction proceedings. You should select a lawyer in the landlord tenant field to assist you.
    Answer Applies to: California
    Replied: 1/15/2014
    Law Offices of George H. Shers | George H. Shers
    When you sublease you become the same as a landlord. You must follow the laws as to three day CA notice, unlawful detainer suit, etc. You owe the landlord the rent and the subtenant owes you; you have to pay the landlord directly.
    Answer Applies to: California
    Replied: 1/15/2014
    Law Office of Richard Winkler | Richard Winkler
    You can do what your sublease agreement says you can do. If they do not pay, you must pay whatever your primary lease requires you to pay.
    Answer Applies to: Rhode Island
    Replied: 1/15/2014
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