sub-lease

[gel]

From California: Have a one year lease. Tenant asked to leave, and found someone to sign a lease assignment. New tenant has not paid rent for 3 months and when it came to trial, she filed bankruptcy. While I wait to see if trustee will separate lodging from money, do I have legal recourse to go after the original tenant. It is not a sub-lease, but a lease assignment and I have been told that they are not the same and that the first tenant is free and clear.

Any thoughts??

Glenn.

 

[dj1]

A tough situation........here in New York City, you start eviction proceedings very early, so that you never wind up with someone owing 3 months..

And when a tenant wants to leave early LET THEM!!!!!

You have their security and they are liable for the rent and your expenses untill you re-rent or the lease ends...

You accepted the assignment, YOU are stuck with the bankrupt tenant.

Guess you wont do that again......