Question about subleasing situation and priorities.

July 24, 2020 9:19 AM

I'm in a summer sublease. I was told that I could potentially stay past the end of the sublease (end of August) if coronavirus conditions got worse. However, the main tenant is coming back, and despite her offering the other roommate's room if it was going to be left unoccupied, it was taken by someone else. Feel a bit like the rug was pulled under me.

I subleased a 2b/2br for the summer. During our initial conversation, the main tenant of the room I was going to sublease said that she might not return for school in the fall, due to coronavirus, and would let me know later in the summer. The other bedroom was empty (her roommate was also out of town), and remained empty during the whole summer, but I paid only for the one bedroom I was subletting.

A few days ago, the main tenant updated me that she would return this fall for school, but mentioned that her roommate might be moving back with her family, and asked me if I was willing to take over her side of the lease/apartment, not only as a sublease, but as a lease takeover. I was, and said as such. Today, the main tenant updated me that her roommate was indeed leaving, but had found someone else to take over her room/part of the lease for the fall.

I kind of like the rug was pulled out from under me, as I am already here/willing to take over the lease (and I assume the other roommate knew about that), and now I have to find a place in the next month (more stress for me). I understand it's the other roommate's right to do that, but is there a way I can try to negotiate/keep the room somehow? I'd really like to stay here, but I also understand if that's not possible. I just wanted insight to see if what happened was unfair at all, or if there's any way I can peacefully negotiate/express my opinion and see if they can give it to me instead.

I did not have any communications with the other roommate—all communications were through the main tenant I was subleasing through.

Thanks!

posted by dubious_dude to Home & Garden (9 answers total)

As a subleasee, your agreement is with the person you are subleasing from, not anyone else. There are a number of reasons the roommate may have decided not to have you take over the lease - most prominently, they may have a friend/associate also looking for a place to live.

So no, there's nothing unfair here, no there's not much you can negotiate, and I think you should put your attention towards finding a new place to live. Spending energy on trying to get the roommate to change their plans (which would entail them convincing the new roommate not to take the room) is energy that could be spent on finding a new place.
posted by saeculorum at 9:30 AM on July 24, 2020 [13 favorites]

That's unfortunate, and it's too bad the roommates didn't communicate better with each other and with you, but I don't think there's really any way you can negotiate at this point.
posted by mekily at 9:42 AM on July 24, 2020 [2 favorites]

If you were told the other roommate might be moving back with her family (thus opening up her room), it sounds like it wasn't a sure thing for you to be able to take this room anyway. You're basically in exactly the same situation you would have been if you'd been told "nope, roommate is staying, not moving in with her family." So it's frustrating, because you almost had a spot, but I don't think what happened was unfair or negotiable.
posted by needs more cowbell at 9:44 AM on July 24, 2020 [3 favorites]

I think that there probably isn't anything you can do, unfortunately, but what specifically does your sublease agreement say? It probably says something about the lessor being able to move back in, but if not, you might have some legal protection from eviction depending on your local laws. You could check with your local tenants' rights group.
posted by pinochiette at 10:07 AM on July 24, 2020

Response by poster: Thanks for the insight, that's what I figured, too. As for the sublease agreement, it does mention eviction if defaulting, etc., but I won't do that—if I have to leave by the end of August, I'll leave. I don't want to go through the headaches of having to fight them in court, etc., and anyway, I can find another place. It's just an additional source of stress right now, and I really wish I could have just gotten the other room, but it's okay. Who knows, the person who agreed to get the spot could change their mind and it would end up being mine in the end—someone was interested in the other bedroom in June, but dropped out at the last minute.
posted by dubious_dude at 10:18 AM on July 24, 2020

Response by poster: Sorry for the threadsit, but a small update. It turns out the other roommate is coming tomorrow to the apartment to get a few things.

Would it be a good idea to talk with her, just to get a gauge of how 100% certain the person moving in is, and see if she's at all receptive to changing the plan, if things aren't 100% certain?

I don't want to come across as pushy at all, and we did talk in person briefly back in June when she stopped by to prepare the room for the never-worked-out sublet, so there's that precedent.
posted by dubious_dude at 12:27 PM on July 24, 2020

As I understand it, you:

• Thought you may need to leave in the fall when your sublease ends and would find out later in the summer
• Were told there might be an opening to stay longer and said you'd take it
• Found out a few days later that someone else is taking that opening instead

You're not wrong to feel annoyed by that situation—you had a few days where you thought you had the room only to be told nevermind, and it's unpleasant to be told you're getting something only for it to go to someone else. But practically, you knew you might need to leave when your sublease ends, and it was only a few days where you momentarily thought you might have had an arrangement to stay longer. It's annoying that you thought things could be squared away and they weren't, but I don't really see how you can negotiate anything given that.

I don't think there's anything wrong with saying "I'm going to start looking for a new place now so I can be out by DATE, but let me know if the other person falls through since it would be great to be able to stay." But it sounds like it's the main tenant's apartment, so that's really the person you need to keep communicating with.
posted by zachlipton at 12:52 PM on July 24, 2020 [2 favorites]

I'm wondering if maybe the incoming roommate is a woman and that the main tenant feels more comfortable at the idea of rooming with another woman? Either way, definitely be sure to not come across as pushy if you do talk to her in the upcoming days. Don't argue/plead your case but simply say something like, "If your new roomie drops out for any reason I'd love a chance to take the room if you let me know by X date."
posted by TwoStride at 12:57 PM on July 24, 2020 [6 favorites]

If you’ve only been talking to the main tenant about this so far, I’d probably keep it that way in your shoes. Suddenly jumping past her to start trying to work directly with the other tenant may come off as pushy even if you don’t mean it that way, and may make the main tenant less likely to want you to move in even if something does open up.

Really, I wouldn’t spend my energy on this at all. The plan all along has been that you were probably going to need to find a new place, and now you do. That’s a better place to spend your time and energy. There’s nothing unfair for you to negotiate here, and not much leverage.
posted by Stacey at 1:06 PM on July 24, 2020 [4 favorites]