Gunnison, CO asked in Landlord - Tenant for Colorado

Q: Rights as a tenant in a sublease situation when you find out landlord doesn't claim rent as taxable income.

My roommates want to sublease their room for several months, I don't like the couple they've chosen. Recently also found out my "landlord" doesn't claim any of our rent for tax purposes so I'm wondering what my rights as a "tenant" are now. Do my current roommates have to abide by my opinions at all or am I at a loss?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: What you landlord does or does not claim on their personal tax return is between the landlord and the IRS/CO Dept. of Revenue.

As for the right to reject a subleasee, I will assume that their was not separate agreement between your roommates. If this is correct, you likely do not have a right to refuse a subleasee unless you are solely the party listed on the leasing agreement. While I'm on the leasing agreement, check to make sure that the lease agreement allows subletting (the overwhelming majority of lease agreements do not allow subleasing; the few that do usually require written authorization by the landlord).

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