How do I follow through on removing subletters?
October 12, 2012 8:56 AM Subscribe
I've given two subletters three months notice to move; they are arguing that I "don't have the power" to ask them to move out, and are demanding "proof" that I can do so. Details inside.
posted by the other side to law & government (12 answers total)
So, I'm obviously rather stressed about this, but I'm going to try to sum up first, and add more details as I go.
I live in an four bedroom apartment in Massachusetts. I'm the only person who signed the lease in September, and have been living here for two and a half years. One roommate entered as a subletter a year ago, the other in July (the first was an acquaintance of my friend who I shared the apartment with, the second a friend of the acquaintance). My friend has subsequently moved out leaving only myself on the new lease. Initially, they said they were going to move to another apartment at the end of August, but changed their mind (I found this out in August). There is no written contract between myself and them (I know, that was a mistake). The first week of September I told them that there's a possibility that I may have friends move in at the beginning of next year (January), and that I'd confirm if that ends up being the case (I should also mention that there's been some personality issues especially with one of them who can be weirdly aggressive/controlling at times; another reason I'd like friends to move in). I let them know early this month that friends will be moving in next year, and that I'd be glad to help them look for a new place.
Initially, the reaction was acceptance. Now, though, they are claiming I don't have the right to ask them to move out, and that I have to provide proof that I do have that right. They've stated that if I can provide that proof then they will move out.
One possible complication to all of this is that I suspect that there's a clause somewhere in the lease that subletting is disallowed (unless the landlord consents). Is this something I should be worried about in light of these developments? We've been sending our checks (each made out for our share) in one envelope for many months now, so I'm assuming they must know that there have been more people living in the apartment than just myself.
Should I try calling the landlord to confirm that they must move. Could doing so create more problems for myself?
I apologize if some of this is overly wordy or if some information is unnecessary. I'm just feeling a bit overwhelmed by the situation and want to make sure I'm approaching this correctly. Thanks!