Submitted by acrocks on Sat, 04/24/2010 - 18:52
My lease doesn't specify whether I can sublet or not. Does this mean I can?
Also, I did not get an actual lease, I got an "agreement" letter. I think my landlord is actually renting the place herself, probably making me a subletter. What are my rights in this situation, can I break the lease entirely? The agreement specified only the move in, move out date and rent amount.
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Editor's Response
Generally speaking if the original lease does not prohibit sub-letting or assignment, you should be able to do it. However, you should talk to the woman from whom you rent your apartment and get some more information. You need to establish what your relationship is with her and/or with the actual landlord, and establish whether her sublease or assignment to you was valid. You also need to find out if the original lease requires the landlord's permission for sub-leasing or assignment. Assuming you have a valid sub-lease or assignment, you need to abide by the terms of the lease. Even if you are a month to month, at will tenant with an oral agreement, you need to give proper notice to your 'landlord.' For more information about these issues, visit our Massachusetts Tenant Law Discussion Forum to guide you.