Question:

What can I do if my subletter wants to leave earlier than the agreed time?

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I found two subletters for our two bedroom apartment in Illinois to stay for the month of July and August (at which point my lease ends). We had a verbal agreement that they would stay for those two months and that they would pay us a set amount. I, in turn, would pay (and have paid) the rent to our landlord.

They informed me today that they're going to move now and they do not want to pay for August. The only thing they signed was the sublessee contract between them and the landlord (which indicates they will be occupying the apartment for those two months). However, we do not have a written contract between the sublessee and myself (the lessee)--the only thing we have is our email correspondence.

Is there ANYTHING I can do to get them to pay for August?

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2 ANSWERS


  1. You can only take them to small claims court if they refuse to pay.  Hang onto those emails, since it appears that is the only written evidence you have of any sort of agreement.  You may not prevail in court, but you can try.

    Meanwhile, you owe the rents until your lease expires.  And do not forget to tender notice to your landlord that you will not be renewing.  Many leases automatically renew on a month-to-month basis unless specifically terminated via written notice.


  2. You failed to have them commit to pay you anything, but this leaves them as month to month tenants who must give a month's notice of intent to vacate.

    You can then claim for one month's rent beyond the beginning of the month following the time they gave you notice.

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