Q: Can my landlord keep my deposit because of a sublessee?
Hi, I'm renting a commercial building on a month by month contract. I was also given permission to sublease. I currently have 10 sublessees. This month I was given my 30 day notice to leave the building, which I also gave to my sublessees. My problem is that the sublessees do not want to leave the building but I do. I have until the 30th of this month to leave the building which I plan on doing but was told that if the sublessees do not leave also I will not get my deposit of $9,000. Can they do that? I need my deposit. Is there anything I can do to get my sublessees to leave? What are my options here? Thanks!
A: I don't know what your subleases say, but in normal circumstances, you have a right, in most states, to sue them for unlawful detainer in the same manner that your landlord could sue you to evict you from the premises. This type of proceeding requires strict compliance with the applicable statutes, so I would recommend you speak to and hire an eviction attorney. Depending, again, on your subleases and whether you have an attorney fee clause in the sublease, you may have the right to get your attorneys' fees paid by the subtenant if they choose to fight the unlawful detainer action and you prevail in the action.
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