Can a landlord kick out an illegal subletter immediately?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord kick out an illegal subletter immediately?
I own a property and the tenants have subletted a room without my consent. The lease contract clearly states subletting is not allowed. Can I have the subletter kicked out immediately? By calling the sheriff? Can I also start a eviction process since this is clearly a breach of contract? Do I need to send my tenants a warning letter first? If so, how can I prove that I did send a warning letter in case they deny receiving the warning?
Asked on August 8, 2012 under Real Estate Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would not do anything yourself with regard to the subletter and I would hire an attorney to help you with this matter. First, your attorney needs to send a letter as to the breach. You will also have to formaly evict the subletter and the notice requirements are very specific under the law. If you mess them up then you could be out of luck. If the actual tenants do not move you are going to have to bring an action to void the agreement based upon the breach and for eviction. It is not easy. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.