Q: Am I legally allowed to not pay rent for Oct till this confusion is resolved ?
Dom illegally sublet her room to me without notifying the landlord and made a profit on rent of $600 per month. We have been on a month to month lease(we think). We have been paying Dom directly for rent and security. The landlord Mary wants to sign a lease with my roommate and I. The relationship between Dom and Mary is unclear and we are confused about our rights. Animals were not allowed in the sublease I signed, but I recently bought a cat. I never saw the original lease. The cat has scratched up some of the furniture, one bedroom door has a crack and the carpet has some stains. Is the contract void between Dom and I since she never legally got consent from the landlord to sublease. Can Dom legally charge whatever she wants for rent without the landlord knowing? Can Dom come and go as she pleases. She plans to "stop by" and get all of her belongings (it will take 2 days) She notified us 21 days before the end of the month so wouldn't October begin as a new month to month contract
A: Dom's lease with Mary is much more controlling as to the terms such as rent, pets, payment, length, etc. of any sublease with you than is Colorado law. Colorado law would probably not put any limits on the rent Dom can charge you (but Dom's lease with Mary might require pre-approval by Mary and/or sharing of rent profits with Mary). Generally speaking, a tenant (you or Dom) does not have a right under Colorado law to withhold rent for minor maintenance issues or disagreements with landlord (some major issues related to health and safety under the Warranty of Habitability may be an exception, with requirements for your to fulfill first). But it sounds like you are not even sure whether you have a sublease with Dom and on what terms (other than the rent you are paying). If you are paying a month at a time and don't have any other specific arrangements, then it would probably be treated as a month-to-month tenancy. If Dom has done all of this without proper approval from Mary, then Dom may have exposed both of you to potential eviction by Mary for violating the terms of Dom's lease with Mary. Dom's right to drop by would be based on the terms of your sublease. Not sure what your reference to 21 days of notice is about (notice to stop by? notice for you to leave?).
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