Can landlord sue sublettor?

[herbertger]

I'm illegally subletting my apt to someone. If the LL finds out, can they legally sue the sublettor, as well as force me out?

If legal, is this common? or are they more concerned simply to recover the apt?

Thanks.

[jot0n0]

If you did not properly inform LL of your sublet, he can bring proceedings to have you and sublettor evicted. But before that happens LL will need to go through a couple of steps giving you an opportunity to correct the problem and avoid evict.

The Court Clerk will mail you a post card when the landlord files a holdover petition. Legal papers you should receive before you have to go to court are as follows:.

Notice to cure. The landlord is usually, but not always, required to give you a written "notice to cure." This notice will tell you how the landlord thinks you are breaking your lease or acting in a way that is not appropriate for a tenant. It gives you a chance to correct the problem before the landlord starts a holdover.

Notice of termination. Before court papers are delivered to you, the landlord must in almost all cases also give you a written "notice of termination." If you have received a notice to cure, you will likely receive the notice of termination about ten days later. This notice must give you details regarding how the landlord believes you broke your lease or regarding any other behavior for which the landlord is trying to end or terminate your lease. If you do not have a written lease, the notice may simply say that the landlord has decided to terminate your tenancy. The notice must also tell you that you must be out of your apartment by a specific date or that the landlord will take you to court to evict you.

This kind of eviction are common if your apt is renting below market rate and LL believe he can get more by bring in a new tenant.