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AirBnB Sublet and eviction

I am guilty as charged of renting my apartment out on when I'm out of town. My landlord found out and gave me notice of lease termination for violating the prohibition on subletting. I will comply with the lease termination, but just a few questions: 1) Do short term rentals(usually 2-3 nights) qualify as sublet/underlet under the terms of the standard Greater Boston Area Real Estate Board Standard Form Apartment Lease? 2) If so and this is violation of the lease, am I entitled to refund of my security deposit and prepaid final month of rent? Should I thoroughly document pristine condition of apartment when vacating? 3) Am I liable to the landlord for cleaning and reletting costs and lost rent? 4) If I am due my prepaid, how do I legally pursue that and at what point? Thanks for your guidance.

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Submitted Tue, 04/29/2014 - 16:13

How long of a notice did they give you in the notice? Does the landlord have an attorney?

1) Have you reviewed the lease? How many times have you done this? The definition of sublet is to rent to another, so you may be in violation.

2) The security deposit is your money. There are certain circumstances where your landlord can withhold some or all of the security. You should always give an honest condition of the apartment.

3) If your landlord is kicking you out, then you must leave the premises the same way you received it, and you do not have to worry about re-renting or lost rent, unless you are behind on your rent.

4) Prepaid? Do you mean last month's rent? If so, he would have to return to you if he didnt apply to last month's rent.

Hiring an attorney can make sure that all of your rights are protected and that you are receiving all that is due to you.

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