Legal Question in Real Estate Law in Michigan

illegal sublet liability?
My dad had been living in an apartment for almost a year, with a 1 year lease. He moved back into our house, but did not want to pay the fee to break the lease, so he agreed to sublet the apartment to a friend of mine, with the stipulation that he could pay what he could, when he could (He is just out of college and was looking for a job.) Dad and I had a falling out and now he's demanding that my friend pay him all the rent money right now. The friend has since moved out of the apartment and into a new one, but Dad says he will take him to court for the past rent. My friend never actually talked to my dad about the rent or anything, I was the go-between. Dad's lease has a clause that says he cannot sublet the apartment. There is no written sublet agreement, and he never actually talked to my friend about it, so I don't think there's really an oral one either. Is my friend legally liable for that rent money?

Asked on 8/14/08, 6:28 pm

Audra Arndt Audra A. Arndt & Associates, PLLC

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Re: illegal sublet liability?

If the agreement between them was illegal, then it cannot be enforced. Let the dad try to sue him, as he most likely won't win.

Answered on 8/16/08, 11:06 pm

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