Letters to the Editor
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legal stuff
The person who said, "Is it worth the time and money to sue them and try to stay" is a smart cookie. Maybe you are "right" and you can keep the apartment you can't afford-- but is that really what you want?
I am in the apartment business, and you should consider this:
a) Assuming you have a somewhat standard lease: there's normally a clause that says that no one can stay for an extended period of time in the apartment unless they are on the lease. The timeframe which is normally defined as staying for more than x amount of hours; 72-120 is standard-- you won't get evicted for breaking this because landlord tenant law says that they must notify you on a first infraction for this type of violation, and they must give you x days to "fix" the trouble and get the person out. Here's why I bring it up: Unless both the future mother AND father are on the lease, they cannot be living there. LW: are they BOTH on the lease? If not, you can probably strong arm them (or one of them) out-- but then, is that really what you want?
b) Subleasing does not make the sublettor the landlord and does not make them subject to following fair housing law which people keep referring to. The landlord cannot treat a "couple with a child" or a "family" different than a single person (this is true), but it doesn't sound like this is at play in this scenario at all. This isn't a matter of fair housing law.
c) Subleasing does not mean that you add someone to the lease and you are thereby no longer responsible for rent or damages. In most states and with most sublease agreements, the agreement (as termed by the landlord) is written to benefit the landlord most of all, by adding BOTH people to the liability chain. What people are thinking of is a term called "assignment" which does not apply in the situation where the tenant stays. Subleasing is a means of adding a person to a lease in a manner which does not increase the occupancy of the apartment. Subleasing does not release the original tenant from the liability chain at all. Hence, if the lease is not ending and the couple want to "sublease" from the LW, the LW will still be liable if the new tenants default or do damage. LW-- ask your landlord if they will do an "assignment". An assignment will release you of liability.
d) Is the lease over? From the sounds of it, the LW is on a lease, and the LW is liable for the lease until the lease ends (perhaps in a joint and several liability lease with the couple, or half the couple). LW-- take care on this matter. You do not want to be on a lease at a place in which you are not living-- this opens you up to a significant level of financial risk. Also, in many states, it is difficult to sign a SECOND lease if you are still under obligation for a FIRST.
Talk to your landlord. Even if they are a big landlord (in which case they put their own self-interest first), the landlord is likely to give you the best idea of what your options are for the apartment. Read your lease before you go. Look at a few things:
1) who is on the lease
2) when the lease ends
3) sections covering occupancy, subleasing and assignment
4) sections covering terminations