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Trulia Boston, Home Buyer in Boston, MA

If one sublets their apartment, who is responsible for mutual damages in the space?

Asked by Trulia Boston, Boston, MA Tue Feb 5, 2013

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All tenants are responsible for damages to the property.
Now, who paid for the security deposit? and did you get some sort of deposit from the person who sublet the place?
Best way to navigate this, is to ask owner to draw another lease with the name of the new tenants, and give deposits back to previous renters.
Best of luck,
0 votes Thank Flag Link Tue Feb 5, 2013
It depends entirely on what is written in your agreement. If the Lessee, the person who is renting the apartment sublets without any kind of written agreement then they are responsible for the damage.
2 votes Thank Flag Link Tue Feb 5, 2013
As long as you are the person with the lease contract with the landlord, you will be responsible in all aspects of the lease. The sublet tenant would have responsibilities only to the extent defined in your sub-lease agreement (if you have one). Very often a renter will take on a sub-let situation without giving it the attention it deserves. Make sure to involve the landlord at all times - it will make things a lot easier if problems arise.
0 votes Thank Flag Link Mon Feb 11, 2013
Whereas there are many instances in which subletting takes place in Massachusetts, I believe that there are aspects of the process that may actually be considered illegal.
When the initial renter is signing the lease, it makes them responsible for any damages that may occur. This will most likely be the outcome, regardless of any secondary contracts between the original renter and the sub-letter. At best, there would have to be two separate processes to correct the situation.
For this reason, it would be a better solution to create a new lease between the landlord and the new renter, with a possible contract limiting the length of the stay.
0 votes Thank Flag Link Sun Feb 10, 2013
Ultimately, you as the "subletter" are responsible to the landlord for any damage, even if it is caused by a tenant on a sublease. You are the one who is a party to the contract with the landlord not the sublease tenant.

Hopefully you have an agreement that makes the sublease tenant responsible to you, so you can recoup any losses.
0 votes Thank Flag Link Tue Feb 5, 2013
agree with Scott, Both Parties are responsible. The Best way to handle this, is having an Apartment Condition statement in place .
0 votes Thank Flag Link Tue Feb 5, 2013
I agree, depends upon what if any contract the renter & subrenter agree to but otherwise it would be the original renter to the landlord and the subrenter to the renter. In the end it'll be a headache for the land court and other courts. A feast for lawyers though lol
0 votes Thank Flag Link Tue Feb 5, 2013
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